Section 302 CrPC: Permission to conduct prosecution

Code of Criminal Procedure, 1973

Section 302 CrPC at a Glance

Section 302 CrPC deals with permission to conduct prosecution. From 1 July 2024 it is replaced by Section 339 BNSS.

Now BNSS

Section 339 →

What Section 302 CrPC Says

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.

Source: Section 302, Code of Criminal Procedure, 1973

Section 302 CrPC in Simple Words

Section 302 of the Code of Criminal Procedure, 1973 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 302(2) CrPC, any person conducting the prosecution may do so personally or by a pleader.

When Section 302 CrPC Applies

  • 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.
  • 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 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.
  • Under Section 302(2) CrPC, any person conducting the prosecution may do so personally or by a pleader.

Example of Section 302 CrPC

A Magistrate is trying a case. Kavita is not a police officer and is not the Advocate-General, a Government Advocate, a Public Prosecutor or an Assistant Public Prosecutor. Kavita shall not be entitled to conduct the prosecution without the permission of the Magistrate. If the Magistrate permits Kavita to conduct the prosecution, Section 302(2) CrPC allows Kavita to do so personally or by a pleader.

When Section 302 CrPC Does Not Apply

  • Section 302 CrPC 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 225 CrPC.
  • Section 302 CrPC speaks of who conducts the prosecution. It does not deal with legal aid to the accused at State expense, the subject of Section 304 CrPC.

Section 302 CrPC Under BNSS 339: What Changed

Section 302 CrPC is now covered under Section 339 BNSS.

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.

View detailed comparison (CrPC 302 vs BNSS 339) →

FAQs on Section 302 CrPC

Who may conduct a prosecution before a Magistrate under Section 302 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. 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 302 CrPC?▼

The proviso to Section 302(1) CrPC 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 a pleader under Section 302 CrPC?▼

Yes. Section 302(2) CrPC says any person conducting the prosecution may do so personally or by a pleader.

Where is Section 302 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 302(1) CrPC, with its proviso, is found in Section 339(1) BNSS and Section 302(2) CrPC in Section 339(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: 20 Oct 2026 ·