Permission to conduct prosecution
AI Assist
Summary
A Magistrate hearing a case may allow a person to conduct the prosecution, but not a police officer below the rank of inspector. Only the Advocate-General, Government Advocate, Public Prosecutor or Assistant Public Prosecutor can prosecute without the Magistrate's permission. A permitted person may conduct the prosecution personally or through an advocate, and a police officer who investigated the offence cannot act as prosecutor.
Example
Priya files an FIR and asks the Magistrate to allow Aditya, a family friend, to conduct the prosecution. The Magistrate permits Aditya because he is not a police officer; the sub-inspector who investigated cannot conduct the prosecution. Aditya may prosecute in person or by instructing an advocate.
Bare Act
Enacted text(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.
Previous year papers
Pick your exam. we'll email the most recent paper.