CrPC 319 — Power to proceed against other persons appearing to be guilty of offence

Code of Criminal Procedure, 1973

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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