Section 358 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Power To Proceed Against Other Persons Appearing To Be Guilty Of Offence.

Code: Section 358 BNSS

(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.

Explanation of Section 358 BNSS

Section 358 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers courts to bring new individuals into an ongoing criminal trial if evidence suggests their involvement in the offence.

Key Provisions

1. Court’s Power to Add New Accused (Sub-section 1)

   • If, during a trial or inquiry, evidence implicates a person who was not initially accused, the Court can proceed against that person.
   • The newly identified accused must be capable of being tried with the original accused.

2. Summoning or Arrest of the New Accused (Sub-section 2)

   • If the person is not present in Court, the Court can issue a summons or order an arrest.
   • The decision to summon or arrest depends on the seriousness of the case.

3. Detention of an Individual Present in Court (Sub-section 3)

   • If the person is already in the courtroom (as a witness, complainant, or observer) and evidence links them to the crime, the Court can detain them immediately for trial.

4. Procedure for the Newly Accused (Sub-section 4)

   • The trial for the new accused must start afresh, meaning:
     • All witnesses must be re-examined.
     • The case should proceed as if the newly added person had been an accused from the beginning.

Illustration

Example 1: A Witness Turns Out to Be a Co-Conspirator

During a murder trial, a prosecution witness accidentally reveals that he had actively helped in planning the crime. The Court realizes his role in the offence and, under Section 358 BNSS, directs that he be arrested and tried along with the original accused.

Example 2: Evidence Against an Unnamed Person Emerges During Trial

A person accused of theft is being tried in court. However, during witness testimony, it is revealed that a shop employee also helped in stealing goods. The Court, under Section 358 BNSS, issues a summons for the shop employee to face trial as well.

Example 3: A Suspect Sitting in Court Gets Detained

In a fraud case, a key suspect is found sitting in the courtroom as an observer. When his involvement becomes clear during witness statements, the judge orders his immediate detention for trial under Section 358(3) BNSS.

Common Questions and Answers on Section 358 BNSS

1. Can the Court add an accused at any stage of the trial?

Yes, but only if evidence emerges during the trial that links a new person to the offence.

2. What happens to the trial when a new person is added as an accused?

• The proceedings for the new accused start fresh.
• Witnesses must be recalled for examination.

3. Can a new accused be arrested immediately?

Yes. If the new accused is not present, the Court can issue a summons or an arrest warrant.
If the person is already in the courtroom, they can be detained immediately.

4. Can the trial continue without recalling witnesses for the new accused?

No. The trial must begin fresh for the newly accused, including re-examination of witnesses.

5. What is the difference between Section 319 CrPC (old law) and Section 358 BNSS (new law)?

Section 358 BNSS is similar to Section 319 of the CrPC, 1973 but is now part of the revised BNSS, 2023, maintaining the same legal provisions with updated terminology.

Conclusion

Section 358 BNSS ensures that all guilty parties are brought to justice, even if their role is discovered later during trial. Courts have the power to summon, arrest, and detain such individuals to ensure a fair and complete trial.

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