Section 248: Trial to be conducted by public prosecutor
Section 248 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the procedural requirements for the conduct of trials before a Court of Session in India, requiring that the prosecution in such trials be conducted by a qualified Public Prosecutor appointed by the state.
It also states that all prosecutions of trials conducted by a Court of Session will be conducted by a Public Prosecutor who is appointed appropriately by the state. The need to ensure that the representations are of competent and trained legal professionals are of paramount importance for effective presentation in intricate criminal trials.
The underlying purpose of this mandate is to preserve integrity in the judicial process by ensuring that serious criminal cases are prosecuted by an expert able to represent the interest of the state competently and in accordance with the law.
It specifically applies to criminal offenses which are triable before a Court of Session. These include severe crimes such as murder, rape, or armed robbery. In the case that an individual is charged with armed robbery, for example, armed robbery, appointed Public Prosecutor is responsible for making the case before the state introducing evidence and prosecuting for a conviction in the case.
