Bharatiya Nagarik Suraksha Sanhita, 2023
Section 338, BNSS: Appearance by Public Prosecutors
Section 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.
What it replaces
| BNSS provision | CrPC provision | Relation |
|---|---|---|
| Section 338 | Section 301 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.
The section
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.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 338 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)