Section 319 of the Code of Criminal Procedure provides that if, in the course of any inquiry or trial, it appears from the evidence that any person other than the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such a person for the offence which he appears to have committed.
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However, in such cases, the proceedings in respect of such a person must be commenced afresh, and the witnesses must be re-heard. Subject to this qualification, the Court may proceed as if such a person had been an accused person from the time the Court took cognizance of the offence.
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If such a person is not attending the Court, he may be arrested or summoned for such purpose. If, however, he is present in the Court, he may be detained by the Court for the purpose of the inquiry into the offence which he appears to have committed.
However, the power to proceed against a person not named as an accused is to be exercised sparingly and for compelling reasons. (Nabi Khan v. The State, 1984 Cr. L.J. NOC 86)
The section does not deal with the cases of accused person whom the Police Officer has found to be not guilty of the offence for which they were charged; their cases are dealt with under Ss. 168 and 173. (Garib Dass—1976 78 Punj. L.R. 71)
Though a plain reading of S. 319 may show that the Sessions Court may commit a person directly during trial against whom there is evidence, it has been held that it cannot take direct cognizance of an offence, as the Sessions Courts has no original jurisdiction. (Patananchala,—1977 Cr. L.J. 415)