Bharatiya Nagarik Suraksha Sanhita, 2023
Section 248
Trial to be conducted by Public Prosecutor
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Why this exists
Serious criminal trials before the Sessions Court involve the State's interest in prosecuting crime on behalf of society, not just the private interest of a victim. This section ensures such trials are conducted by a government-appointed Public Prosecutor, who is expected to act fairly and independently in the interest of justice, rather than as a private advocate solely representing the complainant's personal interests.
How courts read it
Under the identical earlier provision (CrPC section 225), courts have emphasised that a Public Prosecutor's duty is to assist the court in reaching the truth and doing justice, not merely to secure a conviction — reflecting a broader public interest role distinct from that of privately retained counsel.
Common misconceptions
- Myth: A victim's family cannot have any lawyer involved in a Sessions Court trial.
Fact: A victim's family can engage a private lawyer to assist and provide input, but the law requires the actual conduct of the prosecution itself to be handled by the Public Prosecutor.