Section 339: Permission to conduct prosecution
Section 339 of Bhartiya Nagarik Suraksha Sanhita, 2023 presents the legal mechanism on the permission granted to authorize criminal prosecutions conducted within India. This provision spells out the persons or bodies empowered to prosecute the state in criminal matters and the circumstances in which such proseuction can be done.
During the inquiry or trial in a criminal case, a Magistrate can give leave to the parties, other than police officers, who are of the rank lower than that of an inspector to prosecute the case. Such a discretionary power may be given, and there could be a range of flexibility allowing qualified legal professional or representative or any such individual other than a junior police officer to conduct prosecutions.
The section specifically enumerates the class of persons qualified to bring a criminal prosecution without prior authorization by the Magistrate. These are:
-The Advocate-General,
-The Government Advocate,
-The Public Prosecutor, and
-The Assistant Public Prosecutor.
- Other people, including private individuals, have to apply and be granted express permission by the Magistrate before taking on the role of prosecuting a criminal case.
It states that no police officer who was associated with the case during its probe is allowed to conduct the prosecution. The said provision aims at preventing a scenario where one and the same individual is supposed to play dual roles, investigating as well as prosecution. In the process, there will be separation of powers by ensuring that there is no tendency of conflict in interest so as to make justice fair and impartial.
Authorized persons to bring a prosecution shall prosecute personally or by an advocate of their own choice.
Variation in kinds of legal representation depends on the case's nature and demands and can be found in different shapes and forms according to the scenario.
