Section 301 of CrPC : Section 301: Appearance By Public Prosecutors

CrPC

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Explanation using Example

Imagine a situation where there is a criminal trial for robbery taking place. The Public Prosecutor, who is the legal representative of the state, is responsible for presenting the case against the accused robber. According to Section 301(1) of the Code of Criminal Procedure, 1973, this Public Prosecutor can appear in court and argue the case without needing any written authorization because they are in charge of the case.

Now, suppose the victim of the robbery hires a private lawyer because they want to ensure that the accused is prosecuted to the fullest extent of the law. Under Section 301(2), although the private lawyer can be involved in the case, the Public Prosecutor remains in control of the prosecution. The private lawyer may assist under the Public Prosecutor’s direction and, with the court's permission, can submit written arguments after all the evidence has been presented.

In West Bengal, the state amendment specifies that while the Public Prosecutor can plead in any court without written authority, an Assistant Public Prosecutor has the same privilege but is limited to courts where the case is in inquiry or trial stage, not in appeal.

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