Section 319 Power to proceed against other persons appearing

Que – If, after evidence, any other person is found to be guilty apart from the accused, what can be done by court ??

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

The court in any inquiry or trial, if after evidence, finds that there is any other person who is not accused has committed the offence then:-

(A) If he can be tried together, Then the court shall proceed against him also.
(b) If he is not present in court, then he shall be summoned or arrested.
(c) If he is present in court, then he shall be detained

The new proceeding can be afresh, and the witness can be re-heard. Proceedings shall begin as if, at the time of cognizance, the person was the accused person.

Landmark cases regarding section 319

Raghubans Dubey vs State Of Bihar, 1967

It is the duty of court, to see who is offender, weather his name in FIR or not.

Hardeep Singh v. State of Punjab, (2014)

In section 319, Court Can proceed against the following person:-

Who is not named in FIR?
Who was named in the FIR, But the investigating officer removed their name (not named in the chargesheet).
The court has discharged under section 258.

Dharam Pal v. State of Haryana (2016)

Wherever any matter is committed to the court, then. Also, this power can be used.

If, after evidence, any other person is found to be guilty apart from the accused, what can be done by court ?

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

The court in any inquiry or trial, if after evidence, finds that there is any other person who is not accused has committed the offence then:-
(A) If he can be tried together, Then the court shall proceed against him also.
(b) If he is not present in court, then he shall be summoned or arrested.
(c) If he is present in court, then he shall be detained