- 30-Apr-2025
- Personal Injury Law
(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.
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.
A1: Any person other than a police officer below the rank of inspector can be permitted to conduct the prosecution.
A2: Yes, no police officer may conduct the prosecution if they have participated in the investigation of the offence.
A3: The Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public Prosecutor are entitled to conduct prosecution without such permission.
A4: A person conducting the prosecution may do so either personally or by an advocate.
- 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.
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.
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