Law4u - Made in India

What Is BNSS Section 339?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 339: Permission to conduct prosecution

(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by an advocate.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the conditions under which prosecution may be conducted. It specifies that a Magistrate can permit individuals other than police officers below the rank of inspector to conduct prosecutions, while also noting the restrictions on police officers involved in investigations. It allows for prosecution to be conducted either personally or by an advocate.

Question & Answers

Q1: Who can conduct the prosecution in a case according to Section 339?

A1: Any person other than a police officer below the rank of inspector can be permitted to conduct the prosecution.

Q2: Are there any restrictions on police officers conducting prosecutions?

A2: Yes, no police officer may conduct the prosecution if they have participated in the investigation of the offence.

Q3: Who is entitled to conduct prosecution without permission?

A3: The Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public Prosecutor are entitled to conduct prosecution without such permission.

Q4: How can a person conducting the prosecution do so?

A4: A person conducting the prosecution may do so either personally or by an advocate.

Example

- Example 1: A Magistrate allows a legal assistant to conduct the prosecution of a theft case since the assistant is not a police officer below the rank of inspector.

- Example 2: A police officer who was involved in the investigation of a robbery case is not permitted to conduct the prosecution.

Summary

Section 339 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes guidelines for who may conduct prosecutions in court. It permits various individuals, with restrictions on police officers involved in investigations, and allows for prosecution to be carried out personally or through an advocate.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Sanjay Upadhyay

Advocate Sanjay Upadhyay

Anticipatory Bail,Consumer Court,Criminal,High Court,Medical Negligence,Divorce,

Get Advice
Advocate Abdul Alim Mondal

Advocate Abdul Alim Mondal

Civil, Muslim Law, Property, Tax, Revenue

Get Advice
Advocate Prahlad

Advocate Prahlad

Civil, Criminal, Property, Revenue, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, Documentation, Corporate, Child Custody, Consumer Court, Cheque Bounce

Get Advice
Advocate Rahul Raj

Advocate Rahul Raj

Corporate, Divorce, GST, Family, High Court, Property

Get Advice
Advocate Kapil Mehra

Advocate Kapil Mehra

Cheque Bounce, Divorce, Cyber Crime, Family, Domestic Violence, Banking & Finance

Get Advice
Advocate Amresh Upadhyay

Advocate Amresh Upadhyay

Customs & Central Excise, GST, High Court, NCLT, Tax, Corporate, Breach of Contract, Wills Trusts, Supreme Court, International Law

Get Advice
Advocate Narendra Sharma

Advocate Narendra Sharma

Banking & Finance, Consumer Court, Divorce, Family, Insurance, Criminal, Cheque Bounce, Court Marriage, Medical Negligence, Motor Accident

Get Advice
Advocate Ajay Pratap Singh Yadav

Advocate Ajay Pratap Singh Yadav

Anticipatory Bail, Cheque Bounce, Child Custody, Motor Accident, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.