Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 339

BNSS 339: earlier CrPC 302

Section 339 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 302 of the Code of Criminal Procedure, 1973. BNSS 339 deals with permission to conduct prosecution. 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 339 was CrPC 302.

Permission to conduct prosecution.

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. XXIV
s. 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXVI
s. 339
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 an advocate.
Text from India Code

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