CrPC Section 301
Section 301 of the Code of Criminal Procedure (CrPC), 1973 (India):
🔹 Section 301 – Appearance by Public Prosecutors
Bare Act Summary:
Prosecution by Public Prosecutor:
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.
Private Person Assisting the Prosecution:
If a private person (such as a victim or complainant) has engaged a lawyer to assist in the prosecution:
That lawyer can act only under the directions of the Public Prosecutor, and
Cannot plead independently without the court’s permission.
✅ Key Points:
The Public Prosecutor leads the prosecution and has full authority to conduct the case.
A private counsel (e.g., hired by the complainant) may only assist and cannot directly address the court or examine witnesses unless:
They get permission from the court, and
They act under the supervision of the Public Prosecutor.
🎯 Purpose of Section 301:
To ensure state control over prosecutions while still allowing victims or private parties to have a voice.
To prevent parallel prosecutions or conflicting strategies between state and private counsel.
⚖️ Related Case Law:
K. Anbazhagan v. Superintendent of Police (2004): The Supreme Court clarified that a private party can assist but not conduct prosecution unless permitted under Section 302 CrPC.
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