What is the Procedure where accused does not understand proceedings? What is Power to proceed against other persons appearing to be guilty of offence? Section 318 and 319 of Code of Criminal Procedure 1973

Procedure where accused does not understand proceedings and Power to proceed against other persons appearing to be guilty of offence are defined under Section 318 and 319 of CRPC 1973. Provisions under these sections are:

 

 

 

Section 318 of CRPC "Procedure where accused does not understand proceedings"

If the accused, though not of unsound mind, cannot be made to understand the proceedings, the court may proceed with the inquiry or trial; and, in the case of Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

 

Section 319 of CRPC "Power to proceed against other persons appearing to be guilty of offence"

(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 or, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then-

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard;

(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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