What Is BNSS Section 358?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 358: 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.

Brefe Detail

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the powers of the Court to take action against individuals who are not the primary accused but appear to be guilty of an offense during an inquiry or trial. The Court has the authority to initiate proceedings against such individuals, which may include arresting or summoning them. If the Court proceeds against someone, it requires that the proceedings be restarted, and witnesses may need to be re-heard.

Question & Answers

Q: What can the Court do if it finds that a non-accused person committed an offense during a trial?

A: The Court may proceed against that person for the offense they appear to have committed.

Q: How can a non-attending person be dealt with?

A: They may be arrested or summoned, depending on the circumstances.

Q: Can a person present in Court, but not under arrest, be detained?

A: Yes, they may be detained for the inquiry or trial of the offense they appear to have committed.

Q: What happens if the Court proceeds against another person under this section?

A: The proceedings will commence afresh, and witnesses will be re-heard.

Q: How does the case proceed if the Court takes action against another person?

A: It may proceed as if that person had been an accused from the outset of the case.

Example

• During a trial for a theft, evidence arises suggesting that a bystander also participated in the crime. The Court may then initiate proceedings against that bystander.
• A person who was not initially accused but is present in Court may be detained if evidence suggests their involvement in the offense under consideration.

Summary

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Court to act against individuals appearing to be guilty of an offense during an ongoing trial or inquiry. It allows the Court to arrest or summon these individuals and mandates that if proceedings are initiated against them, the case must start anew with re-hearing of witnesses. This ensures that justice is served for all parties involved.