Power to proceed against other persons appearing to be guilty of offence.
What this section does
During an inquiry or trial, if evidence reveals that a person not before the Court as accused has committed an offence for which he could be tried together with the accused, the Court may proceed against such person. The person may be arrested or summoned if not present, or detained if already attending Court. Proceedings against such person must commence afresh with witnesses re-heard, and the case proceeds as if such person had been an accused from the time the Court took cognizance.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Accused · Newly implicated person · Police officer
Practitioner note
The Supreme Court Constitution Bench in Hardeep Singh v. State of Punjab (2014) 3 SCC 92 held that the power under s.319 CrPC (now s.358 BNSS) is extraordinary and should be exercised sparingly; the standard of satisfaction required is higher than a prima facie case but not as high as proof beyond reasonable doubt.
Derived from CrPC s.319.
Read the official text
For the binding statutory text of BNSS Section 358, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 358 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.