BNSS §338
The Public Prosecutor or Assistant Public Prosecutor in charge of a case.
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301. Appearance by Public Prosecutors.—(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 a pleader 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 pleader 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. STATE AMENDMENT West Bengal For sub-section
(1) of section 301 of the principal Act, the following sub-sections shall be substituted:— “(1) (a) The 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. (b) The 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 or trial.”. [Vide West Bengal Act 26 of 1990, s. 4.]
338.
(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. Person once convicted or acquitted not to be tried for same offence. 10 of 1897. Appearance by Public
(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.
What changedAI-inferred
Appearance by Public Prosecutors.
Old position
CrPC 301 is concerned with Appearance by Public Prosecutors. Appearance by Public Prosecutors
New position
BNSS 338 preserves the framework with drafting modernisations as required by the new code. Topic: The Public Prosecutor or Assistant Public Prosecutor in charge of a case.. 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
BNSS 338 (The Public Prosecutor or Assistant Public Prosecutor in charge of a case.) preserves the framework of CrPC 301. BNSS 338 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 338 text: The...
Editorial deltaAI-indicated (source-linked)
BNSS 338 (The Public Prosecutor or Assistant Public Prosecutor in charge of a case.) preserves the framework of CrPC 301. BNSS 338 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 338 text: 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. Person once convicted or acquitted not to be tried for same offence. 10 of 1897. Appearance by Public(2) If in any such case...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 301 continues to apply. For matters from that date forward, BNSS 338 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 338 (The Public Prosecutor or Assistant Public Prosecutor in charge of a case.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §301 → BNSS §338 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/338.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.