BNSS · Section 338 · Chapter XXVI — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Appearance by Public Prosecutors.

What this section does

A Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead before any Court without a written authority. Where a private person instructs an advocate to prosecute, the Public Prosecutor or Assistant Public Prosecutor shall conduct the prosecution and the private advocate shall act under their directions, and may with the Court's permission submit written arguments after evidence is closed.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors: Public Prosecutor · Assistant Public Prosecutor · Court · Private advocate

Old-law correspondence

Derived from CrPC s.301.

Read the official text

For the binding statutory text of BNSS Section 338, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 338 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.