Power to Proceed against other persons appearing to be guilty of offence
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Summary
If, during an inquiry or trial, evidence shows someone other than the accused appears to have committed an offence that could have been tried with the accused, the court may proceed against that person. If the person is absent, they may be arrested or summoned; if present, the court may detain them for the inquiry or trial. If the court proceeds against them, proceedings start afresh and witnesses are re-heard; otherwise the case continues as if they had been an accused when cognizance was taken.
Example
During trial of a burglary charge against Rohan, evidence shows Priya, who was not an accused, also entered the house and took goods. The court may arrest or summon Priya if she is absent, or detain her if she is attending; if it proceeds against her, the proceedings for her offence will begin afresh and witnesses will be re-heard.
Bare Act
Enacted 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-
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(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
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(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.
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