Section 358 BNSS: Power to proceed against other persons appearing to be guilty of offence (Formerly Section 319 CrPC)

Section 358 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to proceed against other persons appearing to be guilty of offence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then—

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 358

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers power on criminal courts to summon and proceed against other persons appearing to be guilty of an offence.

Inquiry & Trial Mechanism: Section 358 embodies the classic Section 319 CrPC power: where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which they appear to have committed.
Sub-Section (2) Provision: Under sub-section (2), if the person is not attending court, they may be arrested or summoned.

The proceedings must be recommenced afresh with respect to such person.

Key Landmark Precedents:

Hardeep Singh v. State of Punjab (2014) 3 SCC 92: The 5-Judge Constitution Bench settled that the power under Section 319 CrPC (Sec 358 BNSS) is extraordinary; the standard of satisfaction required is much higher than a prima facie case, but less than proof beyond reasonable doubt. The word 'evidence' includes examination-in-chief before cross-examination.
Sukhpal Singh Khaira v. State of Punjab (2023) 1 SCC 289: Constitution Bench held that an application under Section 319 must be decided before the conclusion of trial and judgment; Section 319 cannot be invoked after the trial against the original accused has concluded.
Brijendra Singh v. State of Rajasthan (2017) 7 SCC 706: Affirmed that when police have exonerated a person after thorough investigation, the court can summon them under Section 319 only if strong, cogent evidence emerges during trial.

Legal Commentary:

Section 358 is an extraordinary truth-seeking power. It prevents real perpetrators from escaping justice simply because the police omitted them from the charge-sheet. However, courts cannot summon additional accused on mere suspicion; there must be substantial evidence indicating a high probability of conviction.