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CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 319: Power to proceed against other persons appearing to be guilty of offence

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

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

Questions on this section

4 questions in 10 of our papers cite Section 319. Try these from the free papers:

  1. 1. In Manjula Kapoor v. State of Himachal Pradesh (29 July 2026), a complaint under Section 138 of the Negotiable Instruments Act, 1881 about a cheque drawn on a company's account had been filed without arraying the company as an accused. The Supreme Court held that:

  2. 2. In Hardeep Singh v. State of Punjab (2014), a Constitution Bench of the Supreme Court examined the power to proceed against other persons appearing to be guilty of an offence (Section 319 CrPC, now Section 358 BNSS). Which of the following correctly states one of its holdings?

Practise questions on Criminal Law