Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This provision, from Section 302 of the old CrPC, maintains fairness by keeping the roles of investigator and prosecutor separate, preventing the person who built the case from also being the one arguing it in court, which could bias the process, while still giving magistrates flexibility over who presents minor prosecutions.
Common misconceptions
- Myth: Any police officer can choose to prosecute a case they investigated.
Fact: An officer who took part in investigating that specific offence is barred from conducting its prosecution, even with permission.