CRPC §319BNSS §358

Power to proceed against other persons appearing to be guilty of offence

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §319
Power to proceed against other persons appearing to be guilty of offence

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.

New law
BNSS §358
Power to proceed persons appearing to be guilty of offence.

358.

(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.

What changedAI-inferred

Power to proceed against other persons appearing to be guilty of offence.

Old position

CrPC 319 is concerned with Power to proceed against other persons appearing to be guilty of offence. Power to proceed against other persons appearing to be guilty of offence

New position

BNSS 358 preserves the framework with drafting modernisations as required by the new code. Topic: Power to proceed persons appearing to be guilty of offence.. 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

BNSS 358 (Power to proceed persons appearing to be guilty of offence.) preserves the framework of CrPC 319. BNSS 358 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 358 text: Where, in the...

Editorial deltaAI-indicated (source-linked)

BNSS 358 (Power to proceed persons appearing to be guilty of offence.) preserves the framework of CrPC 319. BNSS 358 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 358 text: 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...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 319 continues to apply. For matters from that date forward, BNSS 358 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 358 (Power to proceed persons appearing to be guilty of offence.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §319 → BNSS §358 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/319.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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