CrPC 301→BNSS 338

CrPC 301 to BNSS 338: Appearance by Public Prosecutors

Section 301 CrPC (1973) replaced by Section 338 BNSS (2023)

View CrPC Section 301 →View BNSS Section 338 →

CrPC 301 to BNSS 338 at a Glance

Section 301 CrPC (Appearance by Public Prosecutors) is now Section 338 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 301 to BNSS 338?

From 1 July 2024, Section 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 301 of the Code of Criminal Procedure, 1973, with the same heading. Section 338(1) BNSS is in the same words as Section 301(1) CrPC. Section 338(2) BNSS reads his advocate where Section 301(2) CrPC read a pleader, and the advocate so instructed where Section 301(2) CrPC read the pleader so instructed.

CrPC 301 vs BNSS 338: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section301338
HeadingAppearance by Public ProsecutorsSame
Sub-sections2 sub-sectionsSame

CrPC 301 and BNSS 338: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 301, CrPC 1973

301. Appearance by Public Prosecutors.—(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.
BNSS 2023 (in force)

Section 338, BNSS 2023

338. Appearance by Public Prosecutors.—(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 his advocate 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 advocate 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.

When It Applies: CrPC 301 vs BNSS 338

Under CrPC 301
  1. Under Section 301(1) CrPC, 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. Under Section 301(2) CrPC, 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.
  3. Under Section 301(2) CrPC, the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor.
  4. Under Section 301(2) CrPC, the pleader so instructed may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
Under BNSS 338
  1. Under Section 338(1) BNSS, 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. Under Section 338(2) BNSS, if in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution.
  3. Under Section 338(2) BNSS, the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor.
  4. Under Section 338(2) BNSS, the advocate so instructed may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

What CrPC 301 to BNSS 338 Means in Practice

From 1 July 2024, the provision on appearance by Public Prosecutors is Section 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 301 of the Code of Criminal Procedure, 1973.

FAQs: CrPC 301 to BNSS 338

Where is each sub-section of Section 301 CrPC found in Section 338 BNSS?▼

Section 301(1) CrPC is found in Section 338(1) BNSS and Section 301(2) CrPC in Section 338(2) BNSS, from 1 July 2024.

Is Section 338(1) BNSS in the same words as Section 301(1) CrPC?▼

Yes. Section 338(1) BNSS is in the same words as Section 301(1) CrPC: 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.

Which words of Section 301(2) CrPC differ in Section 338(2) BNSS?▼

Section 338(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads his advocate where Section 301(2) of the Code of Criminal Procedure, 1973 read a pleader, and the advocate so instructed where Section 301(2) CrPC read the pleader so instructed. The rest of Section 338(2) BNSS is in the same words as Section 301(2) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·