Section 358 BNSS: Power to Proceed Against Other Persons Appearing to Be Guilty of Offence
Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Court, during an inquiry or trial, to proceed against a person who is not already an accused if the evidence indicates that the person has committed an offence for which that person could be tried together with the existing accused.
Current position: BNSS came into force on 1 July 2024. Section 358 carries forward the power previously contained in Section 319 of the Code of Criminal Procedure, 1973. Official comparative material records no substantive change in this provision.
What is Section 358 BNSS?
Section 358 BNSS deals with a situation in which evidence emerging during an inquiry or trial points to the involvement of another person who is not presently an accused. If the statutory requirements are satisfied, the Court may bring that person into the proceeding and try the person for the offence that appears to have been committed.
The provision is important because it enables the Court to respond to evidence that emerges during the judicial proceeding instead of being confined only to the persons originally sent for trial. The power is exercised by the Court on the basis of evidence before it and affects the rights of a person who was not originally an accused.
Bare Act Text of Section 358 BNSS
358. Power to proceed against other persons appearing to be guilty of offence.
(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.
Meaning and Scope of Section 358
- Stage of use: The power may be exercised in the course of an inquiry or trial.
- Source of power: The involvement of the additional person must appear from the evidence before the Court.
- Person concerned: The person is someone who is not already an accused in that inquiry or trial.
- Joint trial requirement: The alleged offence must be one for which that person could be tried together with the existing accused.
- Court process: A person not attending Court may be summoned or arrested as the circumstances require.
- Person present in Court: A person attending Court may be detained for the purpose of the inquiry or trial even if not already under arrest or summons.
- Fresh proceedings: Once proceeded against, the proceedings concerning the newly added accused must commence afresh and witnesses must be re-heard.
Procedure Under Section 358 BNSS
| Stage | What Section 358 Provides |
|---|---|
| Evidence emerges | During an inquiry or trial, evidence indicates that a person who is not an accused appears to have committed an offence. |
| Court considers joint trial | The Court considers whether the person could be tried together with the existing accused for that offence. |
| Court proceeds against person | If the statutory conditions are met, the Court may proceed against that person. |
| Person not attending Court | The person may be summoned or arrested, depending on the circumstances. |
| Person already attending Court | The Court may detain the person for the purpose of the inquiry or trial. |
| After addition as accused | Proceedings in relation to that person begin afresh and witnesses are re-heard. |
Section 358 BNSS and Section 319 CrPC
Section 358 BNSS corresponds to Section 319 of the Code of Criminal Procedure, 1973. Official comparative material issued for the new criminal laws identifies the two provisions as corresponding provisions and records no change in substance. Therefore, judicial principles developed under former Section 319 CrPC may remain relevant when interpreting Section 358 BNSS, subject to the facts of each case and any subsequent binding judicial interpretation.
Practical point: Section 358 is not merely a power to add a name to the case. Sub-section (4) specifically protects procedural fairness by requiring the proceedings concerning the newly added person to commence afresh and the witnesses to be re-heard.
Official Sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code - Official BNSS, 2023 PDF
- Ministry of Home Affairs - New Criminal Laws
Related BNSS Provisions
- Section 357 - Procedure where accused does not understand proceedings
- Section 359 - Compounding of offences
- Section 360 - Withdrawal from prosecution
Disclaimer: This article is for general legal information and statutory reference. The application of Section 358 depends on the evidence, procedural stage and facts of the particular case. For case-specific advice, consult a qualified legal professional.