Appearance by Public Prosecutors :
Section – 301. (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.
STATE AMENDMENTS
WEST BENGAL
| ■ | Â | Sub-section (1) |
| Â | For sub-section (1) of section 301, the following sub-sections shall be substituted : |
| Â | “(1) (a) The 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, (b) The 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 or trial.”-West Bengal Act No. 26 of 1990. |
COMMENTS
JOINT COMMITTEE OF PARLIAMENT
This section corresponds to section 493 of the old Code. In the new section an express reference to the Assistant Public Prosecutor [See new section 25] besides the Public Prosecutor has been made. Regarding sub-section (2), the Joint Committee of Parliament observed :
Facility to a private pleader -“The Committee considers that where a private person instructs a pleader as provided in sub-section (2), such pleader should have the facility of submitting written arguments at the stage of the evidence with the permission of the court. This is considered necessary because in some cases the complaint may have a feeling that the arguments of the Public Prosecutor or the Assistant Public Prosecutor require to be supplemented.”