CrPC § 302 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

Section 302 CrPC — Permission to conduct prosecution

Replaced from 1 July 2024 by BNSS 339 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 339 — Permission to conduct prosecution

(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. BNSS 339 in full

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