BNSS · Bharatiya Nagarik Suraksha Sanhita, 2023
Section 338 — Appearance by Public Prosecutors.
Replaces CrPC Section 301.
(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.
Nearby sections
- 335 Record of evidence in absence of accused.
- 336 Evidence of public servants, experts, police officers in certain cases.
- 337 Person once convicted or acquitted not to be tried for same offence.
- 339 Permission to conduct prosecution.
- 340 Right of person against whom proceedings are instituted to be defended.
- 341 Legal aid to accused at State expense in certain cases.
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