Section 358 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
🧾 Section 358: Power to Proceed Against Other Persons Appearing to be Guilty of an Offence
Overview:
Section 358 of the BNSS, 2023, empowers courts to take action against individuals who, during the course of an inquiry or trial, appear to have committed an offence, even if they were not initially accused.(
📌 Key Provisions:
Proceeding Against New Individuals:
If, during an inquiry or trial, evidence suggests that a person (not initially accused) has committed an offence that could be tried together with the original accused, the court may proceed against that person for the offence they appear to have committed.
Summons or Arrest:
If the person is not present in court, the court may issue a summons or arrest them, depending on the circumstances of the case.
Detention of Present Individuals:
Any person attending the court, even if not under arrest or summons, may be detained by the court for the purpose of the inquiry or trial of the offence they appear to have committed.
Commencement of Fresh Proceedings:
When the court proceeds against a new person:
The proceedings in respect of that person shall commence afresh.
Witnesses shall be re-heard.
Subject to the above, the case may proceed as if the new person had been an accused from the beginning.
⚖️ Comparison with Previous Law:
Section 358 of the BNSS, 2023, is similar to Section 319 of the Code of Criminal Procedure (CrPC), 1973. Both provisions allow courts to take action against individuals who appear to have committed an offence during the course of an inquiry or trial.
🧩 Illustrative Examples:
Witness Turns Out to Be a Co-Conspirator:
During a murder trial, a prosecution witness inadvertently reveals their involvement in planning the crime. The court, under Section 358 BNSS, may arrest and proceed against the witness as a co-accused
New Evidence Points to Another Individual:
In a theft case, evidence presented during the trial indicates that a shop employee was also involved in the crime. The court may issue a summons for the employee to face trial alongside the original accused
Suspect Present in Court:
In a fraud case, a person sitting in the courtroom as an observer is identified as a suspect. The court may detain the individual immediately for trial under Section 358 BNSS.
✅ Importance:
Ensures Comprehensive Justice: This provision ensures that all individuals involved in an offence are held accountable, even if their involvement is discovered during the trial.
Prevents Injustice: It prevents the possibility of an individual escaping liability merely because their involvement was not initially known.
Aligns with Legal Precedents: By mirroring provisions from the CrPC, it maintains consistency in the legal framework.
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