BNSS § 338 · Bharatiya Nagarik Suraksha Sanhita, 2023

Section 338 BNSS — Appearance by Public Prosecutors

Replaces CrPC 301 of the Code of Criminal Procedure, 1973. In force since 1 July 2024.

The text

(1) 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.

(2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein 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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

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