Section 338 of BNSS : Section 338: Appearance by Public Prosecutors.

Explanation using Example

Example 1:

Scenario: A high-profile corruption case is being tried in a Sessions Court in Mumbai. The accused is a senior government official.

Application of Section 338:

1. Public Prosecutor's Role: The Public Prosecutor, Mr. Sharma, is in charge of the case. He appears in court and presents the evidence against the accused without needing any written authority.
2. Private Advocate's Role: A private citizen, Mr. Verma, who is directly affected by the corruption, hires an advocate, Ms. Rao, to assist in the prosecution.
3. Coordination: Ms. Rao must follow the directions of Mr. Sharma, the Public Prosecutor, during the trial. She cannot independently prosecute the case.
4. Written Arguments: After all the evidence has been presented, Ms. Rao seeks the court's permission to submit written arguments. The court grants permission, and she submits her arguments, which are considered along with the Public Prosecutor's submissions.

Example 2:

Scenario: A murder case is under trial in a District Court in Delhi. The victim's family is keen on ensuring that the accused is prosecuted to the fullest extent of the law.

Application of Section 338:

1. Public Prosecutor's Role: The Assistant Public Prosecutor, Ms. Gupta, is handling the case. She appears in court and leads the prosecution without needing any written authority.
2. Private Advocate's Role: The victim's family hires an advocate, Mr. Singh, to assist in the prosecution.
3. Coordination: Mr. Singh must act under the directions of Ms. Gupta, the Assistant Public Prosecutor. He cannot take independent actions in the prosecution.
4. Written Arguments: After the evidence is closed, Mr. Singh requests the court's permission to submit written arguments. The court allows it, and Mr. Singh submits his written arguments, which are then considered by the court along with those of the Assistant Public Prosecutor.

Example 3:

Scenario: A case of financial fraud is being appealed in the High Court of Karnataka. The accused is a prominent businessman.

Application of Section 338:

1. Public Prosecutor's Role: The Public Prosecutor, Mr. Nair, is in charge of the appeal. He appears in the High Court and argues the case without needing any written authority.
2. Private Advocate's Role: A group of investors who were defrauded hires an advocate, Ms. Desai, to assist in the prosecution during the appeal.
3. Coordination: Ms. Desai must follow the directions of Mr. Nair, the Public Prosecutor, during the appeal process. She cannot independently argue the case.
4. Written Arguments: After the evidence and arguments are presented, Ms. Desai seeks the court's permission to submit written arguments. The court grants permission, and she submits her written arguments, which are considered along with the Public Prosecutor's arguments.

Example 4:

Scenario: A case of domestic violence is under inquiry in a Magistrate's Court in Chennai. The accused is the husband of the victim.

Application of Section 338:

1. Public Prosecutor's Role: The Assistant Public Prosecutor, Mr. Reddy, is handling the inquiry. He appears in court and conducts the inquiry without needing any written authority.
2. Private Advocate's Role: The victim hires an advocate, Ms. Iyer, to assist in the prosecution.
3. Coordination: Ms. Iyer must act under the directions of Mr. Reddy, the Assistant Public Prosecutor. She cannot independently conduct the inquiry.
4. Written Arguments: After the evidence is closed, Ms. Iyer requests the court's permission to submit written arguments. The court allows it, and Ms. Iyer submits her written arguments, which are then considered by the court along with those of the Assistant Public Prosecutor.