BBanaka

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

Code of Criminal Procedure, 1973 · Chapter 24: General Provisions as - Inquiries and Trails

Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

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 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.

Study: explanations and related material

Now BNSS 358 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p18

Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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