Section 339 BNSS: Permission to conduct prosecution
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 339 BNSS at a Glance
Section 339 BNSS deals with permission to conduct prosecution. It replaced Section 302 CrPC on 1 July 2024.
Section 339 BNSS Bare Act Text
(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.
Source: Section 339, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 339 BNSS in Simple Words
Section 339 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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.
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.
Under Section 339(2) BNSS, any person conducting the prosecution may do so personally or by an advocate.
When Section 339 BNSS Applies
- 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.
- 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.
- 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.
- Under Section 339(2) BNSS, any person conducting the prosecution may do so personally or by an advocate.
Example of Section 339 BNSS
When Section 339 BNSS Does Not Apply
- Section 339 BNSS speaks of permission given by a Magistrate inquiring into or trying a case. It does not deal with the trial to be conducted by Public Prosecutor, the subject of Section 248 BNSS.
- Section 339 BNSS speaks of who conducts the prosecution. It does not deal with legal aid to the accused at State expense, the subject of Section 341 BNSS.
Section 339 BNSS in the CrPC (Previous Law)
Section 339 BNSS replaced Section 302 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 339 BNSS
Who may conduct a prosecution before a Magistrate under Section 339 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. 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.
Can a police officer who took part in the investigation conduct the prosecution under Section 339 BNSS?▼
The proviso to Section 339(1) BNSS says 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.
Can a person conducting the prosecution act through an advocate under Section 339 BNSS?▼
Yes. Section 339(2) BNSS says any person conducting the prosecution may do so personally or by an advocate.
What changed from Section 302 CrPC to Section 339 BNSS from 1 July 2024?▼
Section 339 BNSS has the same heading as Section 302 CrPC and the same text, except that Section 339(2) BNSS reads by an advocate where Section 302(2) CrPC read by a pleader. Section 302(1) CrPC, with its proviso, is found in Section 339(1) BNSS and Section 302(2) CrPC in Section 339(2) BNSS.
Section 339 BNSS: Sub-sections Explained
Section 339(1) BNSS: Permission to conduct prosecution
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Bare Act Text
(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.
Section 339(2) BNSS: Permission to conduct prosecution
▶
Bare Act Text
(2) Any person conducting the prosecution may do so personally or by an advocate.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·