CrPC 319→BNSS 358

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

Section 319 CrPC (1973) replaced by Section 358 BNSS (2023)

View CrPC Section 319 →View BNSS Section 358 →

CrPC 319 to BNSS 358 at a Glance

Section 319 CrPC (Power to proceed against other persons appearing to be guilty of offence) is now Section 358 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 319 to BNSS 358?

Section 319 of the Code of Criminal Procedure, 1973 became Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. This renumbering is solely a change of form. A comparison of both bare texts shows that the section heading and all sub-sections, namely Section 358(1) BNSS, Section 358(2) BNSS, Section 358(3) BNSS, and Section 358(4) BNSS, are word-for-word identical to Section 319(1) CrPC, Section 319(2) CrPC, Section 319(3) CrPC, and Section 319(4) CrPC. No new sub-sections, conditions, or time limits were added, and no powers or duties were deleted. The rule is completely unchanged.

CrPC 319 vs BNSS 358: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section319358
HeadingPower to proceed against other persons appearing to be guilty of offenceSame
Sub-sections4 sub-sectionsSame

CrPC 319 and BNSS 358: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 319, CrPC 1973

319. 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.
BNSS 2023 (in force)

Section 358, BNSS 2023

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.

When It Applies: CrPC 319 vs BNSS 358

Under CrPC 319
  1. During any inquiry into or trial of an offence under the Code of Criminal Procedure, 1973, Section 319(1) CrPC allows the Court to proceed against a person who is not the accused if it appears from the evidence that the person committed any offence for which they could be tried together with the accused.
  2. If that person is not present in Court, Section 319(2) CrPC allows the person to be summoned or arrested for this purpose, as the circumstances of the case may require.
  3. A person who is already attending the Court, although not under arrest or upon a summons, may be detained by the Court under Section 319(3) CrPC for the inquiry into or trial of the offence they appear to have committed.
  4. Once the Court proceeds against a person under Section 319(1) CrPC, Section 319(4)(a) CrPC requires that the proceedings in respect of that person shall be started afresh and the witnesses shall be heard again.
  5. Subject to the requirement of fresh proceedings and re-hearing witnesses in Section 319(4)(a) CrPC, the case may continue under Section 319(4)(b) CrPC as though that person had been an accused person when the Court took cognizance of the offence.
Under BNSS 358
  1. During any inquiry into or trial of an offence under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 358(1) BNSS allows the Court to proceed against a person who is not the accused if it appears from the evidence that the person committed any offence for which they could be tried together with the accused.
  2. If that person is not present in Court, Section 358(2) BNSS allows the person to be summoned or arrested for this purpose, as the circumstances of the case may require.
  3. A person who is already attending the Court, although not under arrest or upon a summons, may be detained by the Court under Section 358(3) BNSS for the inquiry into or trial of the offence they appear to have committed.
  4. Once the Court proceeds against a person under Section 358(1) BNSS, Section 358(4)(a) BNSS requires that the proceedings in respect of that person shall be started afresh and the witnesses shall be heard again.
  5. Subject to the requirement of fresh proceedings and re-hearing witnesses in Section 358(4)(a) BNSS, the case may continue under Section 358(4)(b) BNSS as though that person had been an accused person when the Court took cognizance of the offence.

What CrPC 319 to BNSS 358 Means in Practice

Because the text of Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is identical to Section 319 of the Code of Criminal Procedure, 1973, there is no change in how a Court proceeds against another person who appears from the evidence to have committed an offence. From 1 July 2024, this power and the rule requiring fresh proceedings and the re-hearing of witnesses are found in Section 358 BNSS instead of Section 319 CrPC.

FAQs: CrPC 319 to BNSS 358

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 319 CrPC?▼

From 1 July 2024, Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 319 of the Code of Criminal Procedure, 1973. Each sub-section maps directly in the same order: Section 319(1) CrPC is found in Section 358(1) BNSS, Section 319(2) CrPC in Section 358(2) BNSS, Section 319(3) CrPC in Section 358(3) BNSS, and Section 319(4) CrPC in Section 358(4) BNSS.

Did Section 358 BNSS change the legal test for adding a person who is not the accused?▼

No, the rule is unchanged between the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both Section 319(1) CrPC and Section 358(1) BNSS, the Court may proceed against a person who is not the accused during any inquiry into, or trial of, an offence when it appears from the evidence that the person committed any offence for which they could be tried together with the accused.

Does Section 358 BNSS change the requirement to start proceedings afresh and re-hear witnesses?▼

No, the rule under the Bharatiya Nagarik Suraksha Sanhita, 2023 in Section 358(4) BNSS is identical to Section 319(4) CrPC under the Code of Criminal Procedure, 1973. When the Court proceeds against a person under Section 358(1) BNSS, the proceedings in respect of that person shall be commenced afresh and the witnesses shall be re-heard, and subject to that rule the case may proceed as if that person had been an accused at cognizance.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·