Section 225 CrPC and Section 248 BNSS: Trial to Be Conducted by Public Prosecutor

Section 225 of the Code of Criminal Procedure, 1973 required the prosecution in every trial before a Court of Session to be conducted by a Public Prosecutor. The corresponding current provision is Section 248 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which retains the same rule.

Text of Section 225 CrPC

Section 248 BNSS, 2023: Corresponding Provision

Section 248 is situated in Chapter XIX of the BNSS, dealing with trials before a Court of Session. Its wording is unchanged from Section 225 CrPC. The requirement is mandatory in form and identifies who must conduct the prosecution in a Sessions trial.

Meaning and Scope of the Provision

What is a Court of Session?

A Court of Session is a criminal court established for a sessions division under the criminal procedure law. It ordinarily tries serious offences committed to it for trial, subject to applicable statutory exceptions.

Who is a Public Prosecutor?

A Public Prosecutor is a legally appointed prosecutor who conducts criminal proceedings on behalf of the State. Section 18 BNSS governs the appointment of Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors. The statutory definition of Public Prosecutor is contained in Section 2 of the BNSS.

Why must the prosecution be conducted by a Public Prosecutor?

The rule ensures that a Sessions prosecution is presented through a designated public law officer rather than being independently controlled by a private complainant. A prosecutor's duty is to assist the court in the fair administration of criminal justice, not merely to secure a conviction.

Role of the Public Prosecutor During a Sessions Trial

• Opening the prosecution case: Under Section 249 BNSS (formerly Section 226 CrPC), the prosecutor describes the charge and indicates the evidence proposed to establish guilt.
• Addressing discharge and framing of charge: The prosecutor makes submissions at the relevant stages under Sections 250 and 251 BNSS.
• Leading prosecution evidence: The prosecutor presents witnesses and documentary or electronic evidence, subject to the law of evidence and court directions.
• Assisting the court: The prosecutor must act fairly, disclose relevant legal issues and respect the accused's right to a fair trial.
• Final submissions: The prosecutor addresses the evidence and law at the conclusion of the trial.

Can a Private Advocate Conduct a Sessions Prosecution?

Section 248 BNSS requires the prosecution to be conducted by a Public Prosecutor. A victim or complainant may engage a private advocate, but such engagement does not automatically transfer control of a Sessions prosecution. The extent of assistance or participation by private counsel is governed by applicable provisions, including Section 338 BNSS (corresponding to Section 301 CrPC), and court directions. Distinct rules may apply in Magistrate proceedings.

CrPC 225 Versus BNSS 248

Practical Illustration

Suppose a case involving an offence triable by the Court of Session is committed to that court. A complainant may have a privately engaged lawyer, but the trial prosecution must be conducted by the appointed Public Prosecutor. The private lawyer's participation is subject to the governing procedural rules and permission or directions of the court, as applicable.

Frequently Asked Questions

Is Section 225 CrPC still in force?

The CrPC was repealed with effect from 1 July 2024. However, Section 531 BNSS contains saving provisions for certain pending investigations, inquiries, trials, applications and appeals. The applicable procedure must therefore be determined with reference to the commencement date and the particular proceeding.

Which BNSS section corresponds to Section 225 CrPC?

Section 248 BNSS. Both provisions require the prosecution in every trial before a Court of Session to be conducted by a Public Prosecutor.

Can the complainant replace the Public Prosecutor?

Not merely by appointing a private advocate. Sessions prosecutions remain subject to the statutory requirement of conduct by a Public Prosecutor.

Does this rule apply to all criminal courts?

No. The wording specifically concerns trials before a Court of Session. Other courts and proceedings have their own procedural provisions.

Official Statutory Sources

• India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
• Bureau of Police Research and Development - BNSS official text (PDF)
• Ministry of Home Affairs - New Criminal Laws

This article provides general legal information. For a particular case, consult the current statute, relevant notifications and binding judicial decisions.