(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.
Bharatiya Nagarik Suraksha Sanhita
Section 339
Permission to conduct prosecution
Englishहिंदी
⚡ Quick Answer Reference: Section 339 BNSS
- Provision: Section 339 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows a Magistrate to let someone other than a police officer below the rank of inspector conduct the prosecution. However, only certain people like the Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public Prosecutor can do this without permission. Police officers who investigated the case cannot conduct the prosecution.
Statutory Content
What does Section 339 of BNSS say?
Indian StandardSection 339, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 339 (India)
Court Pleading StandardSection 339 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/339
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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).
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Section Meaning & Purpose
What does Section 339 of BNSS mean?
Plain English Explanation
This section allows a Magistrate to let someone other than a police officer below the rank of inspector conduct the prosecution. However, only certain people like the Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public Prosecutor can do this without permission. Police officers who investigated the case cannot conduct the prosecution.
Practical Interpretation
In practice, this section means that a Magistrate has the discretion to allow a different person to conduct the prosecution, but they must follow the rules and ensure that the person is qualified to do so. This can be useful in cases where the police officer who investigated the case is not suitable to conduct the prosecution.
Core Legal Purpose
The core purpose of this section is to provide flexibility in the prosecution process while ensuring that only qualified individuals can conduct the prosecution. It aims to ensure that the prosecution is conducted fairly and efficiently.
Key Legal Elements
- •The Magistrate must be inquiring into or trying a case.
- •The person conducting the prosecution must be permitted by the Magistrate.
- •The person conducting the prosecution must be qualified (i.e., not a police officer below the rank of inspector, or one of the specified individuals).
- •Police officers who investigated the case cannot conduct the prosecution.
Practical Example
Practical Example of Section 339 BNSS
Rajesh, a police inspector, investigated a case of theft. However, he is not qualified to conduct the prosecution as per Section 339 of BNSS. The Magistrate permits Priya, a Public Prosecutor, to conduct the prosecution. Priya can either conduct the prosecution personally or hire an advocate to do so.
Common Questions (FAQ)
Frequently Asked Questions about Section 339 BNSS
Q: What is the punishment or consequence under Section 339 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically the prosecution process in criminal cases.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification.
People Also Ask (PAA)
Common Questions about Section 339 BNSS
What is Section 339 of BNSS?
Section 339 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Permission to conduct prosecution". In plain terms: This section allows a Magistrate to let someone other than a police officer below the rank of inspector conduct the prosecution. However, only certain people like the Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public Prosecutor can do this without permission. Police officers who investigated the case cannot conduct the prosecution.
What is the punishment under Section 339 of BNSS?
Section 339 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 339 of BNSS bailable or non-bailable?
Whether Section 339 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 339 of BNSS?
The essential elements of Section 339 of BNSS are: The Magistrate must be inquiring into or trying a case.; The person conducting the prosecution must be permitted by the Magistrate.; The person conducting the prosecution must be qualified (i.e., not a police officer below the rank of inspector, or one of the specified individuals)..
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