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CrPC, 1973
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CrPCChapter XXIVSection 301
Section301

Appearance by public prosecutors

AI Assist

Summary

Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without written authority before any Court where the case is under inquiry, trial, or appeal. If a private person instructs a pleader to prosecute, the Public Prosecutor in charge will conduct the prosecution and the pleader must act under the Public Prosecutor's directions. With the Court's permission the pleader may submit written arguments after the evidence is closed.

Example

Priya asks a pleader to prosecute a neighbour in a trial. The Public Prosecutor in charge will actually conduct the prosecution, the pleader must follow the Public Prosecutor's directions, and with the Court's permission the pleader may submit written arguments after the evidence is closed.

Bare Act

Enacted text

(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 any such case any private person instructs a pleader 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 pleader 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.

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XXIV

Chapter XXIV

General Provisions As To Inquiries And Trials

In this chapter

  • 300Person once convicted or acquitted not to be tried for same offence
  • 301Appearance by public prosecutors
  • 302Permission to conduct prosecution
  • 303Right of person against whom proceedings are instituted to be defended
  • 304Legal aid to accused at State expense in certain cases
  • 305Procedure when corporation or registered society is an accused
  • 306Tender of pardon to accomplish
  • 307Power to direct tender of pardon
  • 308Trial of person not complying with conditions of pardon
  • 309Power to postpone or adjourn proceedings
  • 310Local inspection
  • 311Power to summon material witness, or examine person present
  • 311APower of Magistrate to order person to give specimen signature or handwriting
  • 313Power to examine the accused
  • 314Oral arguments and memorandum of arguments
  • 315Accused person to be competent witness
  • 316No influence to be used to induce disclosure
  • 317Provision for inquiries and trial being held in the absence of accused in certain cases
  • 318Procedure where accused does not understand proceedings
  • 319Power to proceed against other persons appearing to be guilty of offence
  • 320Compounding of offences
  • 321Withdrawal from prosecution
  • 322Procedure in cases which Magistrate cannot dispose of
  • 323Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
  • 324Trial of persons previously convicted of offences against coinage, stamp law or property
  • 325Procedure when Magistrate can not pass sentence sufficiently severe
  • 326Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  • 327Court to be open
Previous · Section 300Person once convicted or acquitted not to be tried for same offenceNext · Section 302Permission to conduct prosecution