(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.
Bharatiya Nagarik Suraksha Sanhita
Section 338
Appearance by Public Prosecutors
Englishहिंदी
⚡ Quick Answer Reference: Section 338 BNSS
- Provision: Section 338 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows public prosecutors or assistant public prosecutors to appear and plead in court without needing written permission. If a private person hires an advocate to prosecute someone, the public prosecutor takes charge and the advocate works under their direction.
Statutory Content
What does Section 338 of BNSS say?
Indian StandardSection 338, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 338 (India)
Court Pleading StandardSection 338 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/338
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 338 of BNSS mean?
Plain English Explanation
This section allows public prosecutors or assistant public prosecutors to appear and plead in court without needing written permission. If a private person hires an advocate to prosecute someone, the public prosecutor takes charge and the advocate works under their direction.
Practical Interpretation
In practice, this section means that public prosecutors have the authority to represent the state in court, and private advocates must work under their supervision. This ensures consistency and efficiency in the prosecution process.
Core Legal Purpose
The core purpose of this section is to streamline the prosecution process by giving public prosecutors the authority to represent the state in court, while also ensuring that private advocates work under their supervision.
Key Legal Elements
- •The public prosecutor or assistant public prosecutor must be in charge of the case.
- •The case must be under inquiry, trial, or appeal in a court.
- •The public prosecutor or assistant public prosecutor must have the authority to appear and plead in court.
- •The private advocate must work under the direction of the public prosecutor or assistant public prosecutor.
Practical Example
Practical Example of Section 338 BNSS
Rajesh, a public prosecutor, is handling a case against Amit for theft. Priya, a private advocate, is hired by Amit's family to defend him. According to Section 338, Rajesh takes charge of the prosecution, and Priya works under his direction. After the evidence is closed, Priya can submit written arguments with the court's permission.
Common Questions (FAQ)
Frequently Asked Questions about Section 338 BNSS
Q: What is the punishment or consequence under Section 338 of BNSS?
Section 338 does not impose any punishment or consequence. It is a procedural provision that outlines the role of public prosecutors and private advocates in the prosecution process.
Q: Does this section apply to private individuals or public entities?
This section applies to public prosecutors and private advocates in the context of prosecuting cases in court.
Q: Is an offence under this section bailable or cognizable?
Section 338 is a procedural provision and does not relate to any offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 338 BNSS
What is Section 338 of BNSS?
Section 338 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appearance by Public Prosecutors". In plain terms: This section allows public prosecutors or assistant public prosecutors to appear and plead in court without needing written permission. If a private person hires an advocate to prosecute someone, the public prosecutor takes charge and the advocate works under their direction.
What is the punishment under Section 338 of BNSS?
Section 338 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 338 of BNSS bailable or non-bailable?
Whether Section 338 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 338 of BNSS?
The essential elements of Section 338 of BNSS are: The public prosecutor or assistant public prosecutor must be in charge of the case.; The case must be under inquiry, trial, or appeal in a court.; The public prosecutor or assistant public prosecutor must have the authority to appear and plead in court..
Landmark Case Laws
Landmark Judgments under Section 338 BNSS
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 338
Query this section with AI
Ask Nyaya AI About Section 338
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows