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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As To Inquiries And Trials

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

Corresponding CrPC
Section 319 CrPC

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 reheard;

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

If the evidence in an inquiry or trial shows that a person who is not the accused has committed an offence for which he could be tried with the accused, the Court may proceed against that person. The section deals with how such a person is brought before the Court and how the proceedings then continue.

Chapter XXVI: General Provisions As To Inquiries And Trials

  1. 337 Person once convicted or acquitted not to be tried for same offence
  2. 338 Appearance by Public Prosecutors
  3. 339 Permission to conduct prosecution
  4. 340 Right of person against whom proceedings are instituted to be defended
  5. 341 Legal aid to accused at State expense in certain cases
  6. 342 Procedure when corporation or registered society is an accused
  7. 343 Tender of pardon to accomplice
  8. 344 Power to direct tender of pardon
  9. 345 Trial of person not complying with conditions of pardon
  10. 346 Power to postpone or adjourn proceedings
  11. 347 Local inspection
  12. 348 Power to summon material witness, or examine person present
  13. 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc
  14. 350 Expenses of complainants and witnesses
  15. 351 Power to examine accused
  16. 352 Oral arguments and memorandum of arguments
  17. 353 Accused person to be competent witness
  18. 354 No influence to be used to induce disclosure
  19. 355 Provision for inquiries and trial being held in absence of accused in certain cases
  20. 356 Inquiry, trial or judgment in absentia of proclaimed offender
  21. 357 Procedure where accused does not understand proceedings
  22. 358 Power to proceed against other persons appearing to be guilty of offence
  23. 359 Compounding of offences
  24. 360 Withdrawal from prosecution
  25. 361 Procedure in cases which Magistrate cannot dispose of
  26. 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  27. 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
  28. 364 Procedure when Magistrate cannot pass sentence sufficiently severe
  29. 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  30. 366 Court to be open