Legal Analysis: Chandar Shekhar Jaysawal @ Sonu Jaysawal v. State of Uttar Pradesh and Another

Citation: 2026 INSC 622

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Dipankar Datta (author) and one other Judge

Date of Decision: June 3, 2026

Nature of Judgment: Criminal Appeal arising out of SLP (Criminal) No. 6576 of 2023 against the judgment of the High Court of Judicature at Allahabad dated 19th April 2023.

Synopsis of the Judgment

The appellant was not originally named as an accused in the FIR or chargesheet for abetment of suicide of a 17‑year‑old girl. During trial, the victim’s mother produced a memory card allegedly containing a second suicide note and pre‑death conversations. On this basis, the prosecution moved an application under Section 319 CrPC seeking to arraign the appellant as an additional accused. The Sessions Court allowed the application, and the High Court dismissed the revision petition. The Supreme Court set aside the orders, holding that the requirements for exercising power under Section 319 CrPC as laid down in Hardeep Singh v. State of Punjab were not satisfied. The Court found that the memory card was recovered belatedly without any credible explanation, the chain of custody was suspect, the contents lacked a certificate under Section 65B of the Evidence Act, and the victim’s father (PW1) made no mention of the memory card. Consequently, there was no “strong and cogent evidence” creating more than a prima facie case against the appellant.

1. Basic Information of the Judgment

Case Title: Chandar Shekhar Jaysawal @ Sonu Jaysawal v. State of Uttar Pradesh and Another

Citation: 2026 INSC 622

Criminal Appeal No.: Arising out of SLP (Criminal) No. 6576 of 2023

Bench: Justice Dipankar Datta (author) and one other Judge

Date of Decision: June 3, 2026

Court: Supreme Court of India (Criminal Appellate Jurisdiction)

Impugned Order: Judgment and order dated 19th April 2023 of the High Court of Judicature at Allahabad in Criminal Revision No. [not specified], dismissing the revision against the Sessions Court order dated 21st December 2019 allowing the application under Section 319 CrPC.

2. Legal Framework

Major Laws and Provisions Involved

• Code of Criminal Procedure, 1973 – Section 319 (power to proceed against other persons appearing to be guilty of offence), Section 173(8) (further investigation and protest petition), Section 306 (abetment of suicide), Section 305 (abetment of suicide of child or insane person).

• Indian Penal Code, 1860 – Section 306 (abetment of suicide), Section 305 (abetment of suicide of child or person of unsound mind).

• Indian Evidence Act, 1872 – Section 32 (dying declaration/admissibility of statements of deceased person), Section 65B (admissibility of electronic records).

Key Precedents Cited and Applied

• Hardeep Singh v. State of Punjab (2014) 3 SCC 92 (Five‑Judge Bench) – Power under Section 319 CrPC is discretionary and extraordinary, to be exercised sparingly. It requires “strong and cogent evidence” creating more than a prima facie case – not merely probability of c

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