Section 338: Appearance by Public Prosecutors

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 5 of our papers cite Section 338. Try these from the free papers:

1. 1. In a case in charge of an Assistant Public Prosecutor, a private person instructs his own advocate to prosecute. Under Section 338(2) of the BNSS, the advocate so instructed

   A.may examine and cross-examine witnesses independently of the Assistant Public Prosecutor but can never submit any written argumentsB.may appear in the case only if the accused consents in writing to his participation alongside the Assistant Public ProsecutorC.takes over the conduct of the prosecution, and the Assistant Public Prosecutor thereafter acts only under the directions of that private advocateD.acts under the directions of the Assistant Public Prosecutor and may, with the Court's leave, file written arguments after evidence is closed
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