(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.
STATE AMENDMENT
West Bengal
For sub-section (1) of section 301 of the principal Act, the following
sub-sections shall be substituted:-
"(1) (a) The 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.
(b) The 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 or trial.".
[Vide West Bengal Act 26 of 1990, s. 4.]
Code of Criminal Procedure (CrPC)
301 CrPC Appearance by Public Prosecutors
302 CrPC Permission to conduct prosecution
303 CrPC Right of person against whom proceedings are instituted to be defended
304 CrPC Legal aid to accused at State expense in certain cases
305 CrPC Procedure when corporation or registered society is an accused
306 CrPC Tender of pardon to accomplice
307 CrPC Power to direct tender of pardon
308 CrPC Trial of person not complying with conditions of pardon