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. S...

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