Section 319 The Code Of Criminal Procedure, 1973

Section 319 in The Code Of Criminal Procedure, 1973

Section 319 of CRPC “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 offense it appears from the evidence that any person not being the accused has committed any offense for which such person could be tried together with the accused the Court may proceed against such person for the offense which he appears to have committed.

(2) Where such a 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 or the offense 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 reheard.

(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 offense upon which the inquiry or trial was commenced.

Complete: the-code-of-criminal-procedure-1973