Code of Criminal Procedure, 1973 · Chapter XXIV: General Provisions As to Inquiries and Trials
Section 302: Permission to conduct prosecution
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 302
- Rekha Murarka v. The State of West Bengal and Anr.
- Amir Hamza Shaikh & Ors. v. State of Maharashtra & Anr.
- Chand Devi Daga & Ors. v. Manju K. Humatani & Ors.
- Dhariwal Industries Ltd. v. Kishore Wadhwani & Ors.
- Raju Devade v. State of Maharashtra
- Anant Prakash Sinha @ Anant Sinha v. State of Haryana & Anr.
- Sister Mina Lalita Baruwa v. State of Orissa and Others
- C. Venkatachalam v. Ajitkumar C. Shah and Others
- Shri Balasaheb K. Thackeray and Anr. v. Shrl Venkat @ Babru and Anr.
- Jimmy Jahangir Madan v. Bolly Cariyappa Hindley (D) by Lrs.
- M.T. Khan and Ors. v. Government of Andhra Pradesh and Ors.
- Shiv Kumar v. Hukam Chand and Anr.
- Anshad and Ors. v. State of Karnataka