(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.
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.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Construction of references.Section 4 · Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.Section 5 · Saving.Section 6 · Classes of Criminal Courts.Section 7 · Territorial divisions.Section 8 · Court of Session.India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2024-07-01. Check the linked official text and subsequent notifications when applying a provision.