CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 302: Permission to conduct prosecution

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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 a pleader.

Now in the BNSS

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

302. Permission to conduct prosecution.

BNSS 339

Questions on this section

1 question in 2 of our papers cite Section 302. Try these from the free papers:

1. In a case pending before a Judicial Magistrate, the complainant requests that Sub-Inspector T, who investigated the offence, be permitted to conduct the prosecution. Under Section 339 of the BNSS, the Magistrate:

Practise questions on Criminal Law