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BNSS, 2023
Start Practicing
BNSSChapter XIXSection 248
Section248

Trial to be conducted by Public Prosecutor

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Summary

Every trial in a Court of Session must be conducted by a Public Prosecutor. The Public Prosecutor represents the State, presenting evidence, examining witnesses and arguing the case. Private individuals cannot replace the Public Prosecutor to conduct the prosecution in these trials.

Example

Priya files an FIR and the case is committed to the Sessions Court. At trial a Public Prosecutor appointed by the State examines witnesses and argues the case for the prosecution. Priya cannot act as the prosecutor in place of the Public Prosecutor.

Bare Act

Enacted text

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

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XIX

Chapter XIX

Trial Before a Court of Session

In this chapter

  • 248Trial to be conducted by Public Prosecutor
  • 249Opening case for prosecution
  • 250Discharge
  • 251Framing of charge
  • 252Conviction on plea of guilty
  • 253Date for Prosecution evidence
  • 254Evidence for prosecution
  • 255Acquittal
  • 256Entering upon defence
  • 257Arguments
  • 258Judgment of acquittal or conviction
  • 259Previous conviction
  • 260Procedure in cases instituted under sub-section (2) of section 222
Previous · Section 247Withdrawal of remaining charges on conviction on one of several chargesNext · Section 249Opening case for prosecution