Appearance by Public Prosecutors, What is permission to conduct prosecution? Section 301 and 302 of Code of Criminal Procedure 1973

Appearance by Public Prosecutors and Permission to conduct prosecution are defined under Section 301 and 302 of CRPC 1973. Provisions under these sections are:

 

Section 301 of CRPC "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:- Substitute the following for sub-sec. 301 (I)

(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."

W.B. Act No. 26 of 1990, enforcement date not yet notified.

 

Section 302 of CRPC "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.

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