Chapter XXIV
Section 301 CrPC: Appearance by public prosecutors
New Law Update (2024)
Section 338 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
Important Sub-Sections Explained
Section 301(1)
This sub-section clarifies that Public Prosecutors and Assistant Public Prosecutors do not need a written authorization to appear and argue a case in any court during inquiry, trial, or appeal, emphasizing their inherent authority.
Section 301(2)
This crucial provision outlines that while a private person can instruct a pleader to prosecute, the Public Prosecutor remains in overall charge of the prosecution, and the private pleader must act under their directions, only submitting written arguments with the court’s permission after evidence is closed.
Landmark Judgements
Shiv Kumar v. Hukam Chand (1999):
The Supreme Court clarified that a private counsel, even if instructed by the victim, cannot assume independent charge of the prosecution. Their role is to assist the Public Prosecutor, acting under their directions, and they can submit written arguments or examine witnesses only with the court’s permission and subject to the Public Prosecutor’s primary role.
J.K. International v. State, NCT of Delhi (2001):
This judgment reiterated that the primary responsibility of conducting the prosecution rests with the Public Prosecutor. The engagement of a private counsel by a complainant does not allow them to supplant or supersede the Public Prosecutor, whose role remains paramount in guiding the prosecution.
Draft Format / Application
IN THE COURT OF THE [Designation of Judge, e.g., Chief Judicial Magistrate, Sessions Judge]
[City/District], [State]
Criminal Case No. [XXXX] of [YYYY]
IN THE MATTER OF:
THE STATE
VERSUS
[Accused Name(s)]
APPLICATION FOR PERMISSION TO SUBMIT WRITTEN ARGUMENTS UNDER SECTION 301(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned criminal case is presently under trial/inquiry before this Hon’ble Court.
2. That the Applicant is the duly instructed private pleader on behalf of the Complainant/Victim, [Complainant/Victim Name], in the present case.
3. That the evidence in the present case has been closed on [Date of closure of evidence].
4. That in furtherance of justice and to effectively assist the prosecution, the Applicant seeks the kind permission of this Hon’ble Court to submit written arguments after the closure of evidence, as per the provisions of Section 301(2) of the Code of Criminal Procedure, 1973.
5. That the submission of written arguments will aid this Hon’ble Court in appreciating the facts and legal submissions from the perspective of the Complainant/Victim.
6. That the Public Prosecutor in charge of the case has been informed of this application.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to grant permission to the Applicant to submit written arguments in the above-mentioned case, after the evidence has been closed.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Dated: [Date]
Place: [Place]
[Signature of Private Pleader]
[Name of Private Pleader]
Counsel for the Complainant/Victim
[Enrollment No.]
[Contact Details]