Code:
(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:
This provision provides flexibility to the court in situations where new evidence emerges during the trial, suggesting the involvement of additional persons in the crime. The court can initiate proceedings against such individuals even if they were not part of the original charges. This ensures that justice is served and no guilty party escapes accountability.
Illustration:
Imagine a theft case where two individuals are initially accused. During the trial, witness testimonies and evidence reveal that a third person, who was not initially named in the charges, was also involved in planning and executing the crime. Under Section 319, the court can include this third person as an accused and proceed with the trial against them.
Common Questions and Answers:
Q: Can the court proceed under Section 319 even if the accused already faces charges in a separate case?
A: Yes, the court can proceed under Section 319 even if the accused is facing charges in another case. The court has the power to try all related offenses in a single trial.
Q: Does the court need to issue a separate notice to the newly accused person?
A: Yes, the court must issue a notice to the newly accused person informing them of the charges and the right to defend themselves.
Q: Does the court have to give the newly accused person a chance to present their defense?
A: Yes, the court is obligated to provide the newly accused person a fair opportunity to present their defense and challenge the evidence against them.
