Section 339 BNSS: Permission to conduct prosecution (Formerly Section 302 CrPC)

Section 339 of Bharatiya Nagarik Suraksha Sanhita, 2023: Permission to conduct prosecution

Official Bare Act Text

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

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 339

Section 339 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 302 of the CrPC, 1973) empowers Magistrates to permit any person or their advocate to conduct the prosecution in criminal cases.

Magistrate's Discretion: 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.
Victim / Complainant Right: Enables victims, legal heirs, or private complainants to step into the shoes of the prosecutor and actively lead evidence.
Bar on Investigating Officers: No police officer shall be permitted to conduct the prosecution if they have taken any part in the investigation of the offence.

Key Landmark Precedents:

Amir Hamza Shaikh v. State of Maharashtra, (2019) 8 SCC 387: The Supreme Court held that the Magistrate has ample power under Section 302 CrPC (Section 339 BNSS) to permit a victim to conduct the prosecution, ensuring effective victim participation where public prosecutors are indifferent.
J.K. International v. State (Govt. of NCT of Delhi), (2001) 3 SCC 462: Ruled that the Magistrate should liberally permit the aggrieved complainant or victim to assist or conduct prosecution to ensure full justice.

Courtroom Practice & Strategic Litigation Guidance:

In Magisterial trials where police prosecution appears sluggish or compromised, file an application under Section 339 seeking leave for victim's counsel to conduct the prosecution directly.