सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 339

Permission to conduct prosecution

Why this exists

This provision, from Section 302 of the old CrPC, maintains fairness by keeping the roles of investigator and prosecutor separate, preventing the person who built the case from also being the one arguing it in court, which could bias the process, while still giving magistrates flexibility over who presents minor prosecutions.

Common misconceptions
  • Myth: Any police officer can choose to prosecute a case they investigated.
    Fact: An officer who took part in investigating that specific offence is barred from conducting its prosecution, even with permission.