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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As To Inquiries And Trials

Section 338 BNSS: Appearance by Public Prosecutors

Corresponding CrPC
Section 301 CrPC

Bare Act text

(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.

(2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without written authority before any Court where the case is under inquiry, trial or appeal. If a private person instructs an advocate to prosecute, the Prosecutor conducts the prosecution and the advocate acts under his directions, as further described in the section.

Chapter XXVI: General Provisions As To Inquiries And Trials

  1. 337 Person once convicted or acquitted not to be tried for same offence
  2. 338 Appearance by Public Prosecutors
  3. 339 Permission to conduct prosecution
  4. 340 Right of person against whom proceedings are instituted to be defended
  5. 341 Legal aid to accused at State expense in certain cases
  6. 342 Procedure when corporation or registered society is an accused
  7. 343 Tender of pardon to accomplice
  8. 344 Power to direct tender of pardon
  9. 345 Trial of person not complying with conditions of pardon
  10. 346 Power to postpone or adjourn proceedings
  11. 347 Local inspection
  12. 348 Power to summon material witness, or examine person present
  13. 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc
  14. 350 Expenses of complainants and witnesses
  15. 351 Power to examine accused
  16. 352 Oral arguments and memorandum of arguments
  17. 353 Accused person to be competent witness
  18. 354 No influence to be used to induce disclosure
  19. 355 Provision for inquiries and trial being held in absence of accused in certain cases
  20. 356 Inquiry, trial or judgment in absentia of proclaimed offender
  21. 357 Procedure where accused does not understand proceedings
  22. 358 Power to proceed against other persons appearing to be guilty of offence
  23. 359 Compounding of offences
  24. 360 Withdrawal from prosecution
  25. 361 Procedure in cases which Magistrate cannot dispose of
  26. 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  27. 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
  28. 364 Procedure when Magistrate cannot pass sentence sufficiently severe
  29. 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  30. 366 Court to be open
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