Section 301 CrPC: Appearance by Public Prosecutors

Code of Criminal Procedure, 1973

Section 301 CrPC at a Glance

Section 301 CrPC deals with appearance by Public Prosecutors. From 1 July 2024 it is replaced by Section 338 BNSS.

Now BNSS

What Section 301 CrPC Says

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.

Source: Section 301, Code of Criminal Procedure, 1973

Section 301 CrPC in Simple Words

Section 301 of the Code of Criminal Procedure, 1973 deals with appearance by Public Prosecutors.

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.

Under Section 301(2) CrPC, if 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 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 Section 301 CrPC Applies

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.
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.
Under Section 301(2) CrPC, the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor.
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.

Example of Section 301 CrPC

Meera is the Assistant Public Prosecutor in charge of a case in which Vikram is on trial before a Court. Under Section 301(1) CrPC, Meera may appear and plead before the Court without any written authority. Rajesh, a private person, instructs a pleader named Arjun to prosecute Vikram in that Court. Under Section 301(2) CrPC, Meera shall conduct the prosecution and Arjun shall act therein under the directions of Meera. After the evidence is closed in the case, Arjun may, with the permission of the Court, submit written arguments.

When Section 301 CrPC Does Not Apply

Section 301(1) CrPC speaks of the Public Prosecutor or Assistant Public Prosecutor in charge of a case. It does not deal with a pleader who appears for the accused.
Section 301(2) CrPC speaks of a private person who instructs a pleader to prosecute any person. It does not deal with a pleader instructed to defend any person.

Section 301 CrPC Under BNSS 338: What Changed

Section 301 CrPC is now covered under Section 338 BNSS.

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.

View detailed comparison (CrPC 301 vs BNSS 338) →

FAQs on Section 301 CrPC

Does a Public Prosecutor or Assistant Public Prosecutor need written authority to appear in Court under Section 301 CrPC?▼

Under Section 301(1) of the Code of Criminal Procedure, 1973, 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.

Who conducts the prosecution when a private person instructs a pleader under Section 301 CrPC?▼

Under Section 301(2) of the Code of Criminal Procedure, 1973, 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.

When may a pleader instructed by a private person submit written arguments under Section 301 CrPC?▼

Under Section 301(2) of the Code of Criminal Procedure, 1973, the pleader so instructed may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

Where is Section 301 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 301(1) CrPC is found in Section 338(1) BNSS and Section 301(2) CrPC in Section 338(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·