BNSS § 339 · Bharatiya Nagarik Suraksha Sanhita, 2023
Section 339 BNSS — Permission to conduct prosecution
Replaces CrPC 302 of the Code of Criminal Procedure, 1973. In force since 1 July 2024.
The text
(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 an advocate.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.