Vidhara

The Bharatiya Nagarik Suraksha Sanhita, 2023

§338Appearance 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.

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Source & version

Official text: Gazette of India via MHA (official)

Official Gazette text: The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250884_2_english_01042024.pdf). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest gazette-bbox parser on 2026-07-14. Automated parse; structural validation + spot verification; full clause-level proofread pending.

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