Section 358 BNSS : Trial for Persons Found Guilty During Proceedings .

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Introduction to Section 358 BNSS

Section 358 BNSS is a powerful legal tool that allows courts to take action against any person who appears to be guilty of an offence during an ongoing trial or inquiry. This ensures that justice is not limited to only the originally named accused. If new evidence emerges, the court can act on it even if the person was not previously part of the case. It strengthens the scope of fair and complete justice.

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What is BNSS Section 358 ?

BNSS 358 empowers the court to act against any person not originally accused, if evidence suggests they committed an offence that could be jointly tried with the existing accused. It allows arrest, summoning, or detention of such individuals. The trial against them must begin from scratch, including re-hearing witnesses. It helps maintain the integrity of justice by addressing hidden involvement uncovered during proceedings.

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BNSS Section of 358 in Simple Points

1. Legal Power to Act Against New Offenders
BNSS Section 358 gives the court the authority to act against individuals who were not part of the original accused list. During any ongoing inquiry or trial, if it appears from the evidence that another person is involved in the crime, the court can proceed against them. This action helps ensure justice is served fully and that no offender goes unpunished due to procedural gaps. It also allows the inclusion of all involved parties during the same trial. This provision is especially useful in cases where more people are revealed during cross-examinations or witness statements. It maintains the principle of inclusive justice.

2. Arrest or Summon Based on Circumstances
If the person against whom action is to be taken is not present in court, the judge can issue an arrest warrant or summon depending on the situation. This ensures that such a person is brought under legal process. It prevents delays and provides the court with flexibility in ensuring attendance. The section covers both the need for fairness and the urgency of justice. It avoids giving a loophole to potential offenders. Legal action can thus proceed swiftly. The goal is to bring everyone accountable before the law without unnecessary technical barriers.

3. Detention of Person Present in Court
BNSS 358 also allows the court to detain someone who is present in the courtroom, even if they were not summoned or arrested earlier. If the evidence during the trial reveals their guilt, the court doesn’t have to wait. It can immediately start proceedings against them. This adds efficiency and avoids the risk of the person escaping. It protects the integrity of the judicial process. This provision supports real-time action during court proceedings and strengthens case handling. It ensures prompt and effective justice.

4. Fresh Trial Process for New Accused
When the court proceeds against a newly identified person under Section 358, a fresh trial must be conducted for them. All witnesses must be re-heard, and evidence presented again. This ensures that the person gets a fair chance to defend themselves. The court treats this new person just like the original accused from the point of inclusion. It protects the fundamental rights of the accused while ensuring justice for the victim. The fair trial guarantee is not compromised in any way.

5. Equality Before Law Ensured
BNSS Section 358 promotes the principle of equality before the law by ensuring that any person involved in the offence—whether named at the beginning or not—is brought before justice. This prevents any undue advantage for those who try to stay in the background. Whether it’s fraud, conspiracy, or physical involvement, if proven in court, the person is held accountable. This provision strengthens the justice system by closing loopholes that could let guilty individuals go unpunished. It is a progressive step toward holistic criminal justice.

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358 BNSS Overview

BNSS Section 358 allows the judge to initiate legal action against individuals not initially named in a criminal case if evidence during the trial shows their involvement. The court may summon, arrest, or detain them based on circumstances. Once added, their trial begins afresh, ensuring fair opportunity to defend themselves. This section ensures no guilty person escapes simply because they were not accused earlier.

BNSS Section 358 – Power to Proceed Against Other Persons Appearing to Be Guilty of Offence

1. Identifying Others Involved During Trial

BNSS Section 358 allows a court to act if, during a trial or inquiry, evidence shows someone else—who is not the main accused—has also committed an offence. This section gives the court authority to take action without starting a completely new case from scratch. It is based on the principle that justice should not be delayed just because someone wasn’t originally named as an accused. It ensures that the court can bring all offenders to justice, even if their involvement is discovered later during the trial process.

2. Equal Trial Opportunity for Newly Identified Persons

The section ensures that any new person identified as guilty during trial must be tried with proper legal process. They are not immediately punished or presumed guilty. Instead, the court must begin fresh proceedings for them. This includes giving them the same fair trial rights as the original accused. This principle reflects the Indian legal system’s commitment to equality before law and due process, even when someone is added to the case mid-way.

3. Power to Summon or Arrest New Offenders

If the person identified by evidence is not present in court, the judge can issue a summons or order their arrest. This depends on the seriousness of the offence and the circumstances. The law makes sure such individuals are brought before the court to face charges fairly. This step avoids delay or escape and helps the court maintain control over justice. It also gives courts strong powers to act swiftly when new facts come up during trial.

4. Detaining Someone Already Present in Court

If the person is already present in court—even if they are not under summons or arrest—the judge can order their detention. This is a powerful legal tool to prevent the person from escaping or avoiding legal action. The person is not immediately declared guilty but is held temporarily so the inquiry or trial can be initiated properly. BNSS 358 thus prevents procedural loopholes from being used to escape justice.

5. New Proceedings Must Start Afresh

Once a new person is added to the case under BNSS 358, their trial must start afresh. This means all witnesses must be re-heard, and fresh evidence must be presented. It ensures the added person gets a fair and independent hearing. The law protects both justice and the rights of the newly accused, by not combining their case blindly with the original trial. This clear separation preserves the fairness of the process.

6. Treated as if Accused from Beginning

Once the proceedings start for the new person, their case proceeds as if they had been an accused from the start of the original inquiry or trial. This allows the court to use existing evidence while also re-checking everything. It helps in saving time while protecting due process. BNSS 358, therefore, provides a legal balance between efficiency and fairness when adding new offenders during an ongoing trial.

7. Strong Deterrent Against Concealed Crimes

This provision ensures that if someone tries to hide their role in a crime and is later caught through evidence, they cannot avoid legal action. The section sends a strong message that the court has powers to bring in any guilty person, even during the middle of a case. It deters people from thinking they can escape justice just because they were not named initially. This enhances public trust in the judiciary.

8. Role of Evidence in Triggering Action

The entire action under BNSS 358 is based on fresh or ongoing evidence revealed during a trial. This highlights the importance of presenting truthful and complete evidence. If witnesses or documents point toward another person, the court can act immediately. It also puts pressure on investigative agencies to be thorough, knowing that courts can act on any newly discovered fact. The justice process becomes more responsive and robust.

9. Applicable to Joint Trial Situations

BNSS Section 358 applies only if the new person discovered can be legally tried together with the original accused. This means the offences must be connected or similar in nature. It prevents the misuse of power by ensuring only related cases are clubbed. This legal filter helps maintain order in court proceedings while ensuring justice reaches all guilty parties involved.

10. Preventing Fragmentation of Justice

Often, crime involves more than one person, and all may not be caught in the first investigation. BNSS 358 prevents the justice system from treating cases in isolation. It ensures all connected offenders are included even if discovered late. This keeps justice holistic and comprehensive. The law supports the goal that no guilty person should go unpunished because of procedural technicalities.

Example 1:
During a theft trial, a witness mentions that a second person, who is present in the courtroom, helped carry stolen goods. Though not initially accused, the judge proceeds against him under Section 358, summons him, and starts a new trial against him.

Example 2:
While investigating a fraud case, bank records presented in court reveal another person who signed key forged documents. The court orders his arrest and starts proceedings under BNSS 358 even though he was not mentioned in the chargesheet initially.

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BNSS Section 358 Short Information

Key Point	Explanation
1. Add New Offender	Court can proceed against newly identified persons.
2. Power to Arrest	Can issue summon or arrest warrant if person not present.
3. Detain If Present	Person present in court can be detained if evidence exists.
4. Fresh Trial Starts	Proceedings begin anew with fresh hearings.
5. Treated as Original Accused	New person treated like original accused from that stage.

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Why is BNSS Section 358 Needed?

BNSS Section 358 is important because it prevents people from escaping justice simply because they were not listed as an accused at the start of a case. During the trial, many new facts and evidence can emerge, revealing more people involved in the crime. Without this section, courts would have no legal power to act against such individuals immediately. It would lead to separate cases, delays, and possibly no punishment at all. BNSS 358 gives the court power to take swift action, either by summoning or arresting such persons, and ensures they get a fair trial. It ensures justice is served in real time and the legal process remains complete and fair.

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BNSS Section 358 FAQs

BNSS 358

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Conclusion

BNSS Section 358 ensures that no guilty person escapes just because they were not initially named in the case. If new evidence shows someone else was involved, the court can summon, arrest, or detain that person and start a fresh trial. This keeps justice complete and prevents loopholes. At the same time, the newly added accused gets a full, fair trial from the beginning.

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Finished with BNSS Section 358 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.

• Section 359 BNSS : Compounding of Offences .
• Section 360 BNSS : Withdrawal from Prosecution .
• Section 361 BNSS : Procedure When Magistrate Lacks Authority to Dispose Case .
• Section 362 BNSS : Magistrate’s Duty to Commit Case to Sessions Court .

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