BNSS 358 — Power to proceed against other persons appearing to be guilty of offence.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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