CrPC 302→BNSS 339

CrPC 302 to BNSS 339: Permission to conduct prosecution

Section 302 CrPC (1973) replaced by Section 339 BNSS (2023)

View CrPC Section 302 →View BNSS Section 339 →

CrPC 302 to BNSS 339 at a Glance

Section 302 CrPC (Permission to conduct prosecution) is now Section 339 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 302 to BNSS 339?

Section 339 BNSS has the same heading as Section 302 CrPC, Permission to conduct prosecution. The text of Section 339(1) BNSS, with its proviso, is the same as Section 302(1) CrPC. Section 339(2) BNSS reads by an advocate where Section 302(2) CrPC read by a pleader.

CrPC 302 vs BNSS 339: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section302339
HeadingPermission to conduct prosecutionSame
Sub-sections2 sub-sectionsSame

CrPC 302 and BNSS 339: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 302, CrPC 1973

302. Permission to conduct prosecution.—(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.
BNSS 2023 (in force)

Section 339, BNSS 2023

339. Permission to conduct prosecution.—(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 an advocate.

When It Applies: CrPC 302 vs BNSS 339

Under CrPC 302
  1. Under Section 302(1) CrPC, a 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.
  2. No person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to conduct the prosecution without such permission.
  3. Under the proviso to Section 302(1) CrPC, no police officer shall be permitted to conduct the prosecution if that police officer has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
  4. Under Section 302(2) CrPC, any person conducting the prosecution may do so personally or by a pleader.
Under BNSS 339
  1. Under Section 339(1) BNSS, a 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.
  2. No person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to conduct the prosecution without such permission.
  3. Under the proviso to Section 339(1) BNSS, no police officer shall be permitted to conduct the prosecution if that police officer has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
  4. Under Section 339(2) BNSS, any person conducting the prosecution may do so personally or by an advocate.

What CrPC 302 to BNSS 339 Means in Practice

From 1 July 2024, a reader looking for this provision finds it in Section 339 BNSS. Section 339(2) BNSS uses the word advocate where Section 302(2) CrPC used the word pleader. The rest of the text is the same.

FAQs: CrPC 302 to BNSS 339

Which BNSS section carries Section 302 CrPC?▼

Section 339 BNSS. Section 302(1) CrPC, with its proviso, is found in Section 339(1) BNSS and Section 302(2) CrPC in Section 339(2) BNSS.

Is the text of Section 339 BNSS different from Section 302 CrPC?▼

The heading and the text are the same, except that Section 339(2) BNSS reads by an advocate where Section 302(2) CrPC read by a pleader.

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: 20 Oct 2026 ·