Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 338

BNSS 338: earlier CrPC 301

Section 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 301 of the Code of Criminal Procedure, 1973. BNSS 338 deals with appearance by Public Prosecutors. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 338 was CrPC 301.

Appearance by Public Prosecutors.

Carried over
97% of the old wording kept
Old · CrPC 1973 · Ch. XXIV
s. 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXVI
s. 338
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 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.
Text from India Code

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