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During trial the court adds a new accused under section 358 of the Bharatiya Nagarik Suraksha Sanhita,…

Section 358(4)(a) requires proceedings to commence afresh as to the person newly added and the witnesses to be reheard. The earlier testimony may support the decision to add…

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During trial the court adds a new accused under section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023. What must happen as to that person under section 358(4)(a)?

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Answer and explanation

Correct answer C

Section 358(4)(a) requires proceedings to commence afresh as to the person newly added and the witnesses to be reheard.

The earlier testimony may support the decision to add a person. That decision is distinct from relying on the earlier testimony at the person's trial.

Option feedback

Option A

The earlier testimony may furnish a basis to summon the person, but it cannot replace the mandatory fresh proceedings and rehearing as to that person.

Option B

The statutory rehearing requirement is not made conditional on consent.

Option C

Section 358(4)(a) requires fresh proceedings as to the new accused and rehearing the witnesses.

Option D

The prosecutor's consent does not dispense with the statutory duty to rehear witnesses.

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