Section 319 of the old CrPC (Power to proceed against other persons appearing to be guilty of offence) corresponds to Section 358 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It empowers courts to summon or arrest additional accused not named in the original charge-sheet if new evidence emerges during a trial or inquiry. [1, 2, 3, 4] 

Key Mechanics of BNSS Section 358

• The Trigger: During an inquiry or trial, if evidence suggests an uncharged individual was involved in the crime, the Court can proceed against them to be tried together with the existing accused.
• Execution: If the person is not present, the Court can issue a summons or a warrant for their arrest. If the person is already in the courtroom, the Court can detain them.
• Fresh Proceedings: When the Court adds a new person, the proceedings against them start fresh (witnesses are reheard). Otherwise, the case proceeds as if they had been an accused from the very beginning. [1, 2] 

Important Supreme Court Guidelines
The Supreme Court has maintained that this is a highly enabling provision, but it must be used with extreme caution to ensure justice is served without misusing the legal process. Key jurisprudence (often referencing the landmark Hardeep Singh ruling) establishes that:

• Courts do not need to wait for cross-examination to act on evidence; statements made during “examination-in-chief” are sufficient.
• The evidence against the proposed accused must cross a high threshold: it must be stronger than the mere probability of their involvement.
• The power can be exercised suo motu (by the court on its own) or via an application by the prosecution or existing defense counsel. [5, 7] 

More on 99888-17966

[1] https://indiankanoon.org/doc/30961940/
[2] https://kanoongpt.in/bare-acts/the-bharatiya-nagarik-suraksha-sanhita-2023/arrangement-of-sections-chapter-xxvi-section-358-c573862dffb7f0a7
[3] https://www.livelaw.in/high-court/delhi-high-court/s358-bnss-doesnt-empower-magistrate-to-take-re-cognisance-of-offence-can-only-be-invoked-during-trial-delhi-high-court-303879
[4] https://csja.gov.in/pdf/study_material/The%20Absent%20Accused%20And%20The%20AddedAccused-%20Analysis%20Of%20TheProcedural%20Overlap%20Between%20TrialIn%20Absentia%20Under%20Section%20356%20BnssAnd%20Section%20358%20Bnss.pdf
[5] https://caseguru.in/post/supreme-court-clarifies-section-319-crpc-power-and-summons-of-un-chargesheeted-accused
[6] https://www.scribd.com/document/824163957/Lecture-Notes-on-Section-319-Cr
[7] https://www.tnsja.tn.gov.in/article/ca_powes.pdf