Permission to conduct prosecution
AI Assist
Summary
Magistrate may permit any person to conduct the prosecution, except police officers below the rank of Inspector. Only the Advocate-General, Government Advocate, Public Prosecutor or Assistant Public Prosecutor can conduct prosecution without needing that permission. A person conducting the prosecution may appear personally or through a pleader, and a police officer who took part in the investigation cannot conduct it.
Example
Priya files an FIR after goods are stolen from her shop and the case is before a magistrate. She asks that her brother conduct the prosecution; the magistrate can permit this because private persons may be allowed to prosecute, but police below Inspector cannot. If the constable who investigated tries to act, he will be barred because he took part in the investigation.
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 a pleader.
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