Chapter XXIV
Section 302 CrPC: Permission to conduct prosecution
New Law Update (2024)
Section 357 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 302(1)
This sub-section empowers a Magistrate to grant permission for a private person to conduct the prosecution in a case. It specifies that while public prosecutors are primarily entitled, others may also do so with permission, provided that no police officer who investigated the case is permitted to conduct the prosecution.
Section 302(2)
This sub-section clarifies that any individual who has received the Magistrate’s permission to conduct the prosecution can either present the case themselves or appoint a legal practitioner (pleader) to represent them in court.
Landmark Judgements
Shiv Kumar v. Hukam Chand (1999):
The Supreme Court clarified that a Magistrate’s permission for a private person to conduct prosecution under Section 302 CrPC is discretionary. Such a person acts subservient to and under the guidance of the Public Prosecutor, who remains primarily in charge of the prosecution.
J.K. International v. State, NCT of Delhi (2001):
This ruling reiterated that even after permission is granted under Section 302 CrPC, the Public Prosecutor or Assistant Public Prosecutor retains overall control of the prosecution. The private person is only allowed to assist the Public Prosecutor, and does not displace their primary role.
Draft Format / Application
IN THE COURT OF THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE AT [City]
C.C. NO. [ ] / [Year]
IN THE MATTER OF:
THE STATE / COMPLAINANT
… PROSECUTION
VERSUS
[ACCUSED NAME]
S/o [Father’s Name], R/o [Address]
… ACCUSED
APPLICATION UNDER SECTION 302 OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR PERMISSION TO CONDUCT PROSECUTION
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is currently pending before this Hon’ble Court for trial/inquiry.
2. That the applicant is the [Complainant / Victim / an interested party] in the present case.
3. That the applicant desires to conduct the prosecution in person/through a duly appointed pleader, [Name of Pleader], Advocate, in the interest of justice and for effective presentation of facts and evidence before this Hon’ble Court.
4. That the applicant undertakes to assist the prosecution diligently and adhere to all directions of this Hon’ble Court.
5. That the applicant is not a police officer who has taken part in the investigation of the present offence.
6. That the applicant seeks the kind permission of this Hon’ble Court to conduct the prosecution in the aforesaid case, as permissible under Section 302 of the Code of Criminal Procedure, 1973.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to grant permission to the applicant to conduct the prosecution in the present case, personally or through a pleader, in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date] [Signature of Applicant/Pleader]
Place: [City] [Name of Applicant/Pleader]
[Contact Details]