CrPC Section 302 — Permission to conduct prosecution

CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

General

Official 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.

Referred to by

Related Judgments

  • SHIV KUMAR vs HUKAM CHAND AND ANR — Supreme Court of India (1999)
  • ALAUDDIN & ORS. vs THE STATE OF ASSAM & ANR — Supreme Court of India (2024)
  • SHRI BALASAHEB K. THACKERAY AND ANR. vs SHRL VENKAT @ BABRU AND ANR — Supreme Court of India (2006)
  • SHYAM NARAYAN RAM vs STATE OF UTTAR PRADESH & ANR. ETC — Supreme Court of India (2024)
  • SRI BHAGWAN vs STATE OF U.P — Supreme Court of India (2012)
  • JITENDER KUMAR vs STATE OF HARYANA — Supreme Court of India (2012)

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