Section 339

Permission to conduct prosecution.

The Bharatiya Nagarik Suraksha Sanhita, 2023

  • Act 46 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the law relating to Criminal Procedure.

All sections

Chapter XXVI: General provisions as to inquiries and trials Sections 337 to 366

    (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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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