BNSS §339
Permission to conduct prosecution.
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Comparison
302. 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 a pleader.
339.
(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.
What changedAI-inferred
Permission to conduct prosecution.
Old position
CrPC 302 is concerned with Permission to conduct prosecution. Permission to conduct prosecution
New position
BNSS 339 preserves the framework with drafting modernisations as required by the new code. Topic: Permission to conduct prosecution.. 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
BNSS 339 (Permission to conduct prosecution.) preserves the framework of CrPC 302. BNSS 339 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 339 text: Any Magistrate inquiring into or trying a...
Editorial deltaAI-indicated (source-linked)
BNSS 339 (Permission to conduct prosecution.) preserves the framework of CrPC 302. BNSS 339 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 339 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 302 continues to apply. For matters from that date forward, BNSS 339 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 339 (Permission to conduct prosecution.). 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 §302 → BNSS §339 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/339.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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