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Code of Criminal Procedure, 1973 · Chapter XXIV: General Provisions As to Inquiries and Trials

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

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNSS section 358 (Power to proceed against other persons appearing to be guilty of offence)

In plain words

If evidence during an inquiry or trial shows that a person who is not an accused has committed an offence for which they could be tried with the accused, the court can proceed against them, summoning or arresting them, or detaining them if present.

  • Proceedings against that person start afresh and the witnesses are reheard.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(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 the 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 319 lets the court proceed against a person who is not an accused, if it appears from the evidence during an inquiry or trial that he committed an offence for which he could be tried with the accused. It ensures the real culprits do not escape just because the police left them out of the charge sheet.

When it can be used

Any time after the charge sheet is filed and before judgment is pronounced. The evidence can be the material collected during inquiry or the evidence recorded at trial, including examination in chief, even before cross examination.

A higher standard than charge

The power is discretionary and extraordinary, to be used sparingly. The test is more than a prima facie case as at the stage of framing charge, but short of satisfaction that the evidence, if unrebutted, would lead to conviction. Strong and cogent evidence is required.

Effect

Proceedings against the newly added person must begin afresh and witnesses be reheard. A person discharged earlier, or not charge sheeted, can be summoned under this section if the standard is met.

Key Supreme Court rulings

  • Hardeep Singh v. State of Punjab 2014 INSC 21

    A Constitution Bench held that the power can be exercised at any time after the charge sheet and before judgment; the test is "more than prima facie case as exercised at the time of framing of charge" but short of satisfaction that the evidence would lead to conviction if unrebutted.

  • Omi @ Omkar Rathore v. The State of Madhya Pradesh 2025 INSC 27

    Reiterated the Hardeep Singh standards: the power is discretionary and extraordinary, to be used only where strong and cogent evidence occurs against a person, not in a casual and cavalier manner.

Common mistakes

  • Summoning a person on mere probability of complicity.
  • Continuing the trial against the added person without hearing witnesses afresh.

Read with: Section 193 CrPC, Section 358 BNSS

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 319