Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 339
Code: 339
Explanation:
This section deals with the conduct of prosecution in criminal cases. It outlines the
following rules:
-
Permission for Non-Police Prosecutors: A Magistrate
conducting an inquiry or trial can allow a person other than a police officer
below the rank of inspector to conduct the prosecution. -
Authorized Prosecutors: Only the Advocate-General,
Government Advocate, Public Prosecutor, or Assistant Public Prosecutor can
conduct prosecution without the Magistrate’s permission. -
Prohibition of Police Involvement: A police officer cannot
conduct prosecution if they were involved in the investigation of the offense
for which the accused is being prosecuted. -
Personal or by Advocate: The person conducting the
prosecution can do so personally or by appointing an advocate.
Illustration:
Suppose a case of theft is being investigated by a Sub-Inspector of Police. The
Sub-Inspector is unable to conduct the prosecution due to other commitments. The
Magistrate can allow a person other than a police officer, such as a lawyer, to
conduct the prosecution. However, if the case is being prosecuted by the
Government Advocate, no permission from the Magistrate is required.
Common Questions and Answers:
-
Q: Can any lawyer conduct the prosecution?
A: No, only those mentioned in the section (Advocate-General,
Government Advocate, Public Prosecutor, Assistant Public Prosecutor) can
conduct prosecution without permission. Others need the Magistrate’s
permission. -
Q: Can a police officer who investigated the case conduct the
prosecution?
A: No, they are prohibited from doing so under this section. -
Q: Can the accused person conduct their own defense?
A: Yes, the accused person has the right to defend themselves
personally or through an advocate.
