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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 358
Code: BNSS, Section 358
Explanation:
This section deals with the situation where, during an inquiry or trial of an accused person, evidence emerges suggesting that another person, not the accused, has committed a separate offense that could be tried together with the accused’s offense. This section outlines the procedures the Court can follow in such scenarios.
Sub-section (1): If such evidence emerges, the Court may proceed against the newly identified person for the offense they appear to have committed. This means initiating a new trial against them for their specific crime.
Sub-section (2): If the person identified is not present in court, they can be arrested or summoned (depending on the circumstances) for the purpose of the new trial.
Sub-section (3): Even if someone is present in court, but not under arrest or summoned, they can be detained by the court for the purpose of investigating or trying the new offense they appear to have committed.
Sub-section (4):
- Clause (a): If the Court proceeds against the newly identified person, the proceedings against them will start afresh, and all witnesses will have to be heard again.
- Clause (b): After the initial proceedings restart, the case can continue as if the newly identified person had been an accused person from the very beginning of the inquiry or trial.
Illustration:
Suppose A is being tried for theft. During the trial, evidence suggests that B, who was not initially accused, actually stole the item in question. Under Section 358, the Court can initiate proceedings against B for the theft, even though he wasn’t originally part of the trial. The proceedings against B would be started afresh, and all relevant evidence would be presented again.
Common Questions and Answers:
- Q: Can the Court proceed against the newly identified person if their offense is unrelated to the original case?
- A: No, the offense committed by the newly identified person must be one that can be tried together with the accused’s offense.
- Q: What if the newly identified person is not present in court?
- A: The Court can either arrest them or issue a summons for their appearance.
- Q: Does the Court need to inform the newly identified person of the allegations against them?
- A: Yes, the newly identified person must be given notice of the allegations and the opportunity to defend themselves.
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