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(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(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.”

27. Before the enactment of CrPC in 1973, Section 351 of the Code of Criminal Procedure, 1898 (hereinafter referred to as “the Code, 1898”) was the provision corresponding to Section 319 of the CrPC. Section 351 of the Code, 1898 is reproduced hereinbelow:

29. The expression “any offence of which such Court can take cognizance and which, from the evidence, may appear to have been committed” used in Section 351 clearly indicates two aspects, namely:

a. First, that it must appear from the evidence that a person who is attending the Court has committed an offence; and b. Secondly, that the offence is such that the Court can take cognizance.

30. Therefore, what becomes clear from the aforesaid is that there was a lacuna in Section 351 of the Code, 1898 as it did not cover two important situations:

“24.80. It happens sometimes, though not very often, that a Magistrate hearing a case against certain accused finds from the evidence that some person, other than the accused before him, is also concerned in that very offence or in a connected offence. It is only proper that a Magistrate should have the power to call and join him in the proceedings. Section 351 provides for such a situation, but only if that person happens to be attending the Court. He can then be detained and proceeded against. There is no express provision in Section 351 for summoning such a person if he is not present in Court. Such a provision would make Section 351 fairly comprehensive, and we think it proper to expressly provide for that situation.
24.81. Section 351 assumes that the Magistrate proceeding under it has the power of taking cognizance of the new case. It does not, however, say in what manner cognizance is taken by the Magistrate.

The modes of taking cognizance are mentioned in Section 190, and are apparently exhaustive. The question is, whether against the newly added accused, cognizance will be supposed to have been taken on the Magistrate's own information under Section 190(1)(c), or only in the manner in which cognizance was first taken of the offence against the accused. The question is important, because the methods of inquiry and trial in the two cases differ. About the true position under the existing law, there has been difference of opinion, and we think it should be made clear. It seems to us that the main purpose of this particular provision is, that the whole case against all known suspects should be proceeded with expeditiously and convenience requires, that cognizance against the newly added accused should be taken in the same manner as against the other accused We, therefore, propose to recast Section 351 making it comprehensive and providing that there will be no difference in the mode of taking cognizance of a new person is added as an accused during the proceedings.” (Emphasis supplied)