Vidhara

The Bharatiya Nagarik Suraksha Sanhita, 2023

§339Permission 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.

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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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