Section 358 of BNSS : Section 358: Power to proceed against other persons appearing to be guilty of offence.

Explanation using Example

Example 1:

Scenario: During a trial for a robbery case, the evidence presented in court suggests that another person, Rajesh, who is not currently an accused, was also involved in the crime.

Application of Section 358:

1. Court's Observation: The court notices from the evidence that Rajesh appears to have committed an offence related to the robbery.
2. Proceeding Against Rajesh: The court decides to proceed against Rajesh for his involvement in the robbery.
3. Rajesh's Attendance: Rajesh is not present in the court. The court issues a summons for Rajesh to appear before it.
4. Fresh Proceedings: Once Rajesh appears in court, the proceedings against him commence afresh, and the witnesses are re-heard.
5. Continuation of Case: The case continues as if Rajesh had been an accused from the beginning of the trial.

Example 2:

Scenario: During an inquiry into a fraud case, it becomes evident that another individual, Priya, who is attending the court as a witness, has also committed an offence related to the fraud.

Application of Section 358:

1. Court's Observation: The court finds from the evidence that Priya appears to have committed an offence related to the fraud.
2. Detaining Priya: Since Priya is already attending the court as a witness, the court detains her for the purpose of the inquiry into the offence she appears to have committed.
3. Fresh Proceedings: The court initiates fresh proceedings against Priya, and the witnesses are re-heard.
4. Continuation of Case: The case proceeds as if Priya had been an accused person from the start of the inquiry.

Example 3:

Scenario: During a trial for a drug trafficking case, evidence suggests that another person, Anil, who is not currently an accused, was involved in the trafficking operation.

Application of Section 358:

1. Court's Observation: The court observes from the evidence that Anil appears to have committed an offence related to drug trafficking.
2. Proceeding Against Anil: The court decides to proceed against Anil for his involvement in the drug trafficking.
3. Anil's Attendance: Anil is not present in the court. The court issues an arrest warrant for Anil to ensure his presence.
4. Fresh Proceedings: Once Anil is brought to court, the proceedings against him commence afresh, and the witnesses are re-heard.
5. Continuation of Case: The case continues as if Anil had been an accused from the beginning of the trial.