CrPC Section 302: Permission to conduct prosecution
Code of Criminal Procedure, 1973 · Chapter 24: General Provisions as
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
302. Permission to conduct prosecution.- (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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 300. Person once convicted or acquitted not to be tried for same offence
- 301. Appearance by public prosecutors
- 303. Right of person against whom proceedings are instituted to be defended
- 304. Legal aid to accused at State expense in certain cases
- 305. Procedure when corporation or registered society is an accused
- 306. Tender of pardon to accomplish
- 307. Power to direct tender of pardon
- 308. Trial of person not complying with conditions of pardon
- 309. Power to postpone or adjourn proceedings
- 310. Local inspection
- 311. Power to summon material witness, or examine person present
- 311A. Power of Magistrate to order person to give specimen signatures or handwriting
- 312. Expenses of complainants and witnesses
- 313. Power to examine the accused
- 314. Oral arguments and memorandum of arguments
- 315. Accused person to be competent witness
- 316. No influence to be used to induce disclosure
- 317. Provision for inquiries and trial being held in the absence of accused in certain cases
- 318. Procedure where accused does not understand proceedings
- 319. Power to proceed against other persons appearing to be guilty of offence
- 320. Compounding of offences
- 321. Withdrawal from prosecution
- 322. Procedure in cases which Magistrate cannot dispose of
- 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324. Trial of persons previously convicted of offences against coinage, stamp law or property
- 325. Procedure when Magistrate can not pass sentence sufficiently severe
- 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327. Court to be open