Section 248 BNSS: Trial to be conducted by Public Prosecutor (Formerly Section 225 CrPC)

Section 248 of Bharatiya Nagarik Suraksha Sanhita, 2023: Trial to be conducted by Public Prosecutor

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

Legal Commentary & Landmark Judgments: Section 248

Section 248 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that every criminal trial before a Court of Session shall be conducted by a Public Prosecutor.

Inquiry & Trial Mechanism: Section 248 establishes a foundational institutional safeguard for serious criminal trials.
Core Legal Standard: In every trial before a Court of Session, the prosecution shall be conducted exclusively by a Public Prosecutor or an Additional Public Prosecutor appointed under Section 20.

While a private complainant may instruct private counsel to assist the prosecution, such counsel can only act under the directions of the Public Prosecutor, submit written arguments with the permission of the Court, and cannot usurp the statutory role of the State prosecutor.

Key Landmark Precedents:

Shiv Kumar v. Hukam Chand (1999) 7 SCC 467: The Supreme Court held that the Public Prosecutor is a minister of justice who must act with complete fairness and objectivity; private counsel engaged by the victim can only assist under the prosecutor's control and cannot conduct the prosecution independently.
Babu v. State of Kerala (2010) 9 SCC 189: Reiterated that the trial before a Court of Session must be conducted by the Public Prosecutor to maintain institutional impartiality and prevent vindictive private persecution.

Legal Commentary:

Section 248 anchors the state monopoly over serious prosecutions. Defense advocates must object whenever private counsel attempts to examine witnesses or dictate trial strategy without the active leadership and presence of the designated Public Prosecutor.