Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 338
Appearance by Public Prosecutors
In one line
BNSS Section 338 deals with appearance by public prosecutors and replaces CrPC 301.
Bare act text — BNSS 338
338. Appearance by Public Prosecutors.
(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.
What changed from the CrPC
- CrPC 301 → BNSS 338: "Pleader" is replaced by "Advocate".
Frequently asked
What was BNSS Section 338 in the CrPC?
BNSS Section 338 (Appearance by Public Prosecutors) replaces Section 301 of the Code of Criminal Procedure, 1973. CrPC 301 is now BNSS 338.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 333 — Authorities before whom affidavits may be sworn
- BNSS 334 — Previous conviction or acquittal how proved
- BNSS 335 — Record of evidence in absence of accused
- BNSS 336 — Evidence of public servants, experts, police officers in certain cases
- BNSS 337 — Person once convicted or acquitted not to be tried for same offence
- BNSS 339 — Permission to conduct prosecution
- BNSS 340 — Right of person against whom proceedings are instituted to be defended
- BNSS 341 — Legal aid to accused at State expense in certain cases
- BNSS 342 — Procedure when corporation or registered society is an accused
- BNSS 343 — Tender of pardon to accomplice