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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 358 BNSS at a Glance

Section 358 BNSS deals with power to proceed against other persons appearing to be guilty of offence. It replaced Section 319 CrPC on 1 July 2024.

Was CrPC

Section 319 →

Section 358 BNSS Bare Act Text

(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.

Source: Section 358, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 358 BNSS in Simple Words

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a Court bring a person who is not already the accused into an ongoing inquiry into or trial of an offence.

Where it appears from the evidence that another person has committed any offence for which they could be tried together with the existing accused, the Court may proceed against that person for the offence they appear to have committed.

Under Section 358 BNSS, the Court may summon, arrest, or detain that person for this purpose, and the proceedings in respect of that person shall start afresh with the witnesses re-heard.

When Section 358 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 358 BNSS

During the trial of Vikram for an offence before a Court under the Bharatiya Nagarik Suraksha Sanhita, 2023, witnesses give evidence. From the evidence given during the trial, it appears to the Court that Manish, who is not an accused in the case, also committed an offence for which he could be tried together with Vikram. Under Section 358(1) BNSS, the Court may proceed against Manish for the offence which he appears to have committed. Because Manish is not attending the Court, the Court may summon or arrest him under Section 358(2) BNSS as the circumstances of the case may require. Under Section 358(4)(a) BNSS, the proceedings in respect of Manish shall be commenced afresh and the witnesses shall be re-heard.

When Section 358 BNSS Does Not Apply

  • Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 358(1) BNSS does not apply when there is no ongoing inquiry into, or trial of, an offence before the Court.
  • Section 358(1) BNSS does not apply when it does not appear from the evidence that the other person has committed any offence.
  • Section 358(1) BNSS does not apply to a person who is already the accused in the inquiry or trial.
  • Section 358(1) BNSS does not apply when the offence is not an offence for which the other person could be tried together with the accused.

Section 358 BNSS in the CrPC (Previous Law)

Section 358 BNSS replaced Section 319 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 358 BNSS

When may a Court proceed against a person who is not already an accused under Section 358 BNSS?▼

A Court may proceed against a person who is not the accused during any inquiry into, or trial of, an offence under the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 358(1) BNSS, the Court may do so when it appears from the evidence that the person has committed any offence for which they could be tried together with the accused. In that case, the Court may proceed against the person for the offence they appear to have committed.

How can the Court secure the presence of the person being proceeded against under Section 358 BNSS?▼

Presence is secured differently depending on whether the person is in Court under the Bharatiya Nagarik Suraksha Sanhita, 2023. If the person is not attending the Court, Section 358(2) BNSS states that they may be arrested or summoned as the circumstances of the case may require. If the person is attending the Court, although not under arrest or upon a summons, Section 358(3) BNSS allows the Court to detain them for the inquiry or trial.

What happens to the proceedings and witnesses after a person is added under Section 358 BNSS?▼

When a Court proceeds against a person under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 358(4)(a) BNSS provides that the proceedings in respect of that person shall be commenced afresh and the witnesses shall be re-heard. Subject to that requirement of fresh proceedings and re-hearing of witnesses, Section 358(4)(b) BNSS provides that the case may proceed as if that person had been an accused person when the Court took cognizance of the offence.

What changed from Section 319 CrPC to Section 358 BNSS from 1 July 2024?▼

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 319 of the Code of Criminal Procedure, 1973 from 1 July 2024. Only the section number changed, which is a change of form. The heading and every word of Section 358(1) BNSS, Section 358(2) BNSS, Section 358(3) BNSS, and Section 358(4) BNSS are identical to the corresponding sub-sections of Section 319 CrPC, and the legal rule is unchanged.

Section 358 BNSS: Sub-sections Explained

Section 358(1) BNSS: Power to proceed against other persons appearing to be guilty of offence

▶

Bare Act Text

(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.

Previous Law

CrPC 319 → Section 358(1) BNSS

Section 358(2) BNSS: Power to proceed against other persons appearing to be guilty of offence

▶

Bare Act Text

(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.

Previous Law

CrPC 319(2) → Section 358(2) BNSS

Section 358(3) BNSS: Power to proceed against other persons appearing to be guilty of offence

▶

Bare Act Text

(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.

Previous Law

CrPC 319(3) → Section 358(3) BNSS

Section 358(4) BNSS: Power to proceed against other persons appearing to be guilty of offence

▶

Bare Act Text

(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.

Previous Law

CrPC 319(4) → Section 358(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·