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

Code of Criminal Procedure, 1973

Section 319 CrPC at a Glance

Section 319 CrPC deals with power to proceed against other persons appearing to be guilty of offence. From 1 July 2024 it is replaced by Section 358 BNSS.

Now BNSS

Section 358 →

What Section 319 CrPC Says

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.

Source: Section 319, Code of Criminal Procedure, 1973

Section 319 CrPC in Simple Words

Section 319 of the Code of Criminal Procedure, 1973 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 319 CrPC, 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 319 CrPC Applies

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.
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.
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.
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.
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.

Example of Section 319 CrPC

During the trial of Ramesh for an offence before a Court under the Code of Criminal Procedure, 1973, witnesses give evidence. From the evidence given during the trial, it appears to the Court that Suresh, who is not an accused in the case, also committed an offence for which he could be tried together with Ramesh. Under Section 319(1) CrPC, the Court may proceed against Suresh for the offence which he appears to have committed. Because Suresh is not attending the Court, the Court may summon or arrest him under Section 319(2) CrPC as the circumstances of the case may require. Under Section 319(4)(a) CrPC, the proceedings in respect of Suresh shall be commenced afresh and the witnesses shall be re-heard.

When Section 319 CrPC Does Not Apply

Under the Code of Criminal Procedure, 1973, Section 319(1) CrPC does not apply when there is no ongoing inquiry into, or trial of, an offence before the Court.
Section 319(1) CrPC does not apply when it does not appear from the evidence that the other person has committed any offence.
Section 319(1) CrPC does not apply to a person who is already the accused in the inquiry or trial.
Section 319(1) CrPC does not apply when the offence is not an offence for which the other person could be tried together with the accused.

Section 319 CrPC Under BNSS 358: What Changed

Section 319 CrPC is now covered under Section 358 BNSS.

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.

View detailed comparison (CrPC 319 vs BNSS 358) →

FAQs on Section 319 CrPC

When may a Court proceed against a person who is not already an accused under Section 319 CrPC?▼

A Court may proceed against a person who is not the accused during any inquiry into, or trial of, an offence under the Code of Criminal Procedure, 1973. Under Section 319(1) CrPC, 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 319 CrPC?▼

Presence is secured differently depending on whether the person is in Court under the Code of Criminal Procedure, 1973. If the person is not attending the Court, Section 319(2) CrPC 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 319(3) CrPC 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 319 CrPC?▼

When a Court proceeds against a person under the Code of Criminal Procedure, 1973, Section 319(4)(a) CrPC 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 319(4)(b) CrPC provides that the case may proceed as if that person had been an accused person when the Court took cognizance of the offence.

Where is Section 319 CrPC found after the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 319 CrPC is found in Section 358 BNSS. Specifically, Section 319(1) CrPC corresponds to Section 358(1) BNSS, Section 319(2) CrPC corresponds to Section 358(2) BNSS, Section 319(3) CrPC corresponds to Section 358(3) BNSS, and Section 319(4) CrPC corresponds to Section 358(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·