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Conviction Cannot Be Based on Evidence Recorded Prior to Summoning Accused Under Section 319 CrPC: Allahabad High Court

01 Jun 2026 5 min read
Conviction Cannot Be Based on Evidence Recorded Prior to Summoning Accused Under Section 319 CrPC: Allahabad High Court

The Allahabad High Court has delivered a significant judgment clarifying the scope of Section 319 CrPC and Section 273 CrPC, holding that evidence recorded in the absence of an accused person cannot subsequently be used as the basis for his conviction. The Court emphasized that while such evidence may be considered for summoning an accused under Section 319 CrPC, it cannot be relied upon for recording a finding of guilt…

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