Permission to conduct prosecution.
What this section does
A 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; persons other than the Advocate-General, Government Advocate, Public Prosecutor or Assistant Public Prosecutor require such permission. A police officer who participated in the investigation into the offence shall not be permitted to conduct the prosecution. The person conducting the prosecution may do so personally or through an advocate.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Advocate-General · Government Advocate · Public Prosecutor · Assistant Public Prosecutor · Police officer · Advocate
Derived from CrPC s.302.
Read the official text
For the binding statutory text of BNSS Section 339, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 339 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.