Section 338 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 338 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the authority and responsibilities of Public Prosecutors and Assistant Public Prosecutors in criminal proceedings.
📜 Text of Section 338
338. Appearance by Public Prosecutors
Authority to Appear Without Written Authority: 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.
Role When Private Advocate is Engaged: If a private person instructs their advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution. The advocate so instructed shall act 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.
⚖️ Legal Context
Section 338 of the BNSS, 2023 aligns with Section 301 of the Indian Criminal Procedure Code (Cr.P.C.), 1973, which similarly addresses the appearance and role of Public Prosecutors and private advocates in criminal proceedings. This provision ensures that the prosecution is conducted by a qualified legal officer while allowing for private legal representation under specific conditions.
🧭 Practical Implications
Direct Prosecution by Public Prosecutor: The Public Prosecutor or Assistant Public Prosecutor has the authority to represent the state in criminal cases without the need for written authorization, streamlining the legal process.
Supervision of Private Advocates: When a private individual engages an advocate to prosecute, the Public Prosecutor retains control over the prosecution, ensuring consistency and adherence to legal standards
Submission of Written Arguments: Private advocates, with the Court's permission, may submit written arguments after the evidence is presented, allowing for detailed legal analysis and supporting the judicial decision-making process
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