(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.
Bharatiya Nagarik Suraksha Sanhita
Section 358
Power to proceed against other persons appearing to be guilty of offence
⚡ Quick Answer Reference: Section 358 BNSS
- Provision: Section 358 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: If a court is investigating or trying someone for a crime, and it seems from the evidence that another person not being the accused has also committed a crime, the court can take action against that other person. This can happen even if the other person is not in court, and the court can detain them if they are present.
What does Section 358 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 358 of BNSS mean?
Plain English Explanation
If a court is investigating or trying someone for a crime, and it seems from the evidence that another person not being the accused has also committed a crime, the court can take action against that other person. This can happen even if the other person is not in court, and the court can detain them if they are present.
Practical Interpretation
In practice, this section allows courts to expand the scope of an investigation or trial to include other individuals who may have committed crimes related to the original case. This can be useful in uncovering a larger conspiracy or network of offenders.
Core Legal Purpose
The core purpose of this section is to enable courts to hold accountable all individuals who may have committed crimes related to a particular case, even if they are not the primary accused.
- •The court must be investigating or trying someone for a crime.
- •There must be evidence that another person not being the accused has committed a crime.
- •The court must be able to try the other person for the crime they are accused of.
- •The court cannot proceed against the other person if they are not attending the court, unless they are arrested or summoned.
Practical Example of Section 358 BNSS
Rajesh is accused of theft, and during the investigation, the police find evidence that Priya, a friend of Rajesh, was also involved in the theft. The court can proceed against Priya under Section 358, even if she is not present in court. If Priya is present in court, the court can detain her for the purpose of the inquiry or trial.
Frequently Asked Questions about Section 358 BNSS
Q: What is the punishment or consequence under Section 358 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of proceeding against another person under this section will depend on the specific circumstances and the outcome of the trial.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who may have committed crimes related to a particular case.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether the offence is bailable or cognizable. The classification of the offence will depend on the specific circumstances and the applicable laws.
Common Questions about Section 358 BNSS
What is Section 358 of BNSS?
Section 358 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to proceed against other persons appearing to be guilty of offence". In plain terms: If a court is investigating or trying someone for a crime, and it seems from the evidence that another person not being the accused has also committed a crime, the court can take action against that other person. This can happen even if the other person is not in court, and the court can detain them if they are present.
What is the punishment under Section 358 of BNSS?
Section 358 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 358 of BNSS bailable or non-bailable?
Whether Section 358 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 358 of BNSS?
The essential elements of Section 358 of BNSS are: The court must be investigating or trying someone for a crime.; There must be evidence that another person not being the accused has committed a crime.; The court must be able to try the other person for the crime they are accused of..
Landmark Judgments under Section 358 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 358
Ask Nyaya AI About Section 358
Select a pre-configured prompt to run this section through the grounded research engine.