Summoning as Additional Accused--Power Under Section S.213 BNSS Unavailable After Framing of Charges-- S.358 BNSS/S.319 Cr.P.C. Operable Only Upon Recording Evidence
Power to summon additional accused under Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available only before framing of charges. Once cognizance is taken and charges are framed, this power stands exhausted. Summoning of persons not named in the charge sheet thereafter is permissible only under Section 358 BNSS (equivalent of Section 319 CrPC), and only upon evidence adduced before the Court — not on police papers alone.
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