What Is BNSS Section 338?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 338: Appearance by Public Prosecutors

(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.

(2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the role and authority of Public Prosecutors and Assistant Public Prosecutors during legal proceedings. It specifies that they can represent cases without written authority and details the procedure when a private individual engages an advocate to prosecute.

Question & Answers

Q1: Who may appear and plead in a case according to Section 338?

A1: The Public Prosecutor or Assistant Public Prosecutor in charge of the case may appear and plead.

Q2: Is written authority required for a Public Prosecutor to appear in court?

A2: No, the Public Prosecutor or Assistant Public Prosecutor may appear without any written authority.

Q3: What happens if a private person instructs an advocate to prosecute?

A3: The Public Prosecutor or Assistant Public Prosecutor shall conduct the prosecution, while the instructed advocate acts under their directions.

Q4: Can the instructed advocate submit written arguments?

A4: Yes, with the permission of the Court, the advocate may submit written arguments after the evidence is closed.

Example

- Example 1: A Public Prosecutor appears in court for a theft case without needing a written authorization.

- Example 2: A private individual hires an advocate to prosecute a fraud case. The Public Prosecutor conducts the prosecution, while the advocate assists under their guidance and submits written arguments afterward.

Summary

Section 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the powers of Public Prosecutors and Assistant Public Prosecutors, allowing them to represent cases in court without written authority and providing a framework for collaboration with privately instructed advocates during prosecution.