Section 339 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 339 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the authorization process for individuals conducting prosecutions in criminal cases. It outlines the conditions under which a person, other than a police officer below the rank of inspector, may be permitted to conduct a prosecution.
🧾 Section 339: Permission to Conduct Prosecution
1. Authorization by Magistrate
A 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. However, no person, other than the Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public Prosecutor, shall be entitled to do so without such permission.
2. Restrictions on Police Officers
No police officer shall be permitted to conduct the prosecution if they have taken part in the investigation into the offence with respect to which the accused is being prosecuted.
3. Mode of Conducting Prosecution
Any person conducting the prosecution may do so personally or by an advocate.
⚖️ Legal Context
This provision is analogous to Section 302 of the Indian Penal Code (CrPC), 1973, which similarly addresses the authorization of persons to conduct prosecutions. Both provisions aim to ensure that prosecutions are conducted by qualified and authorized individuals, maintaining the integrity and fairness of the judicial process.
🔍 Practical Implications
For the Prosecution: Ensures that only authorized individuals conduct prosecutions, safeguarding the legal process.
For the Defense: Provides clarity on who may conduct prosecutions, allowing for proper preparation and response.
For the Judiciary: Facilitates the management of cases by delineating who may represent the prosecution, aiding in the efficient conduct of trials.
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