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. (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.
BNSS Section 338: Appearance by Public Prosecutors
Section 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appearance by Public Prosecutors. It replaces CrPC 301 of the Code of Criminal Procedure, 1973.
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Text of BNSS Section 338
CrPC sections replaced
- CrPC 301: Appearance by Public Prosecutors
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