Power to proceed against other persons appearing to be guilty of offence
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Summary
When evidence during an inquiry or trial shows a person other than the accused appears to have committed an offence that could be tried with the accused, the Court may proceed against that person. The Court can summon or arrest them, and may detain anyone attending even without a summons or arrest. If proceedings are started, they begin afresh, witnesses are re-heard, and the case proceeds as if that person had been an accused from the start.
Example
During Arjun's trial for a street fight, witnesses state that Rohan, who was not accused, also attacked the victim. The Court may summon or arrest Rohan and detain him if he is present. If the Court proceeds against Rohan, the proceedings against him start afresh and witnesses are 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 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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