CrPC Section 319: Power to Proceed Against Other Persons Appearing Guilty of an Offence
Section 319 of the Code of Criminal Procedure, 1973 authorises a criminal court to add a person as an accused during an inquiry or trial when the evidence points to that person's involvement. The corresponding current provision is Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and scope of Section 319 CrPC
The section prevents a person from escaping prosecution merely because the person was not originally named as an accused. It permits the court, on the strength of evidence emerging in an inquiry or trial, to proceed against an additional person who could be tried together with the existing accused.
This is a judicial power, not an automatic consequence of an allegation in a complaint, an FIR or a police report. The court must evaluate the evidence and apply the required legal threshold.
Section 319 CrPC - statutory provisions explained
Subsection (1): Adding another accused
Where evidence in an inquiry or trial indicates that a person who is not already an accused has committed an offence for which that person could be tried together with the accused, the court may proceed against that person.
Subsection (2): Arrest or summons
If the person is not attending court, the court may direct arrest or issue a summons, according to the circumstances.
Subsection (3): Detention of a person present
A person already attending court may be detained for the relevant inquiry or trial even if the person was not arrested or summoned previously.
Subsection (4): Fresh proceedings and rehearing
Proceedings against the newly added person must begin afresh and witnesses must be re-heard. Subject to that requirement, the case may proceed as though the person had been an accused when the court first took cognizance.
Corresponding provision: BNSS Section 358
Section 358 of the BNSS carries forward the power to proceed against other persons appearing to be guilty of an offence. Its four subsections address the same core matters: proceeding against an additional person, summons or arrest, detention of a person attending court, and fresh proceedings with witnesses re-heard.
Read the enacted text through the National Crime Records Bureau's official BNSS text or the Ministry of Home Affairs legislation portal.
When can a court summon an additional accused?
- Evidence must emerge: Material presented in the inquiry or trial must implicate a person not already facing trial as an accused.
- Strong evidentiary basis: The Supreme Court in Hardeep Singh v. State of Punjab (2014) explained that the power is extraordinary and discretionary. The standard is stronger than the prima facie assessment ordinarily used for framing a charge, though it does not require proof sufficient for conviction.
- Connection to the offence: The alleged offence must be one for which the person could be tried with the existing accused.
- Judicial assessment: The court must apply its mind to the evidence; mere naming of a person or unsupported suspicion is insufficient.
Procedure after an additional person is summoned
After the court exercises this power, the newly added accused is entitled to the statutory safeguard of a fresh commencement of proceedings in relation to that person, including rehearing witnesses. This protects the opportunity to challenge testimony and present a defence. The court determines whether summons or arrest is appropriate in accordance with the law and the circumstances.
Illustrative example
During the trial of A, a witness gives substantial evidence indicating that B participated in the same alleged offence. If the legal requirements are satisfied, the court may summon B under the applicable provision even though B was not named in the original charge sheet. Proceedings concerning B must then begin afresh and witnesses must be re-heard.
CrPC and BNSS: which law applies?
For proceedings governed by the new criminal procedure framework, consult BNSS Section 358. Section 531 BNSS expressly preserves the application of the former CrPC to specified appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024. The procedural history and applicable judicial interpretation must be considered in each case.
Official legal resources
- NCRB - Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 358)
- Bureau of Police Research and Development - New Criminal Laws
- Ministry of Home Affairs - Criminal legislation
Frequently asked questions
What is Section 319 CrPC?
It empowers a criminal court to proceed against a person not already accused when evidence during an inquiry or trial indicates that the person committed an offence for which they could be tried with the existing accused.
What is the corresponding BNSS provision?
Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 319 CrPC.
Does the trial start afresh for a newly added accused?
Yes. Proceedings concerning that person must commence afresh and witnesses must be re-heard under subsection (4)(a).
Can the court summon someone based only on suspicion?
No. The power is exceptional and requires strong and cogent evidence meeting the standard explained by the Supreme Court, beyond mere suspicion.
Legal information note: This article is general information and does not replace case-specific legal advice. Updated 18 October 2026.