Section 302 of CrPC : Section 302: Permission To Conduct Prosecution

Explanation using Example

Imagine a scenario where a local shopkeeper is accused of fraud. During the trial at the Magistrate court, the victim, who is the complainant, wants his lawyer to conduct the prosecution. According to Section 302(1) of The Code of Criminal Procedure, 1973, the Magistrate has the discretion to allow the victim's lawyer to conduct the prosecution, provided that the lawyer is not a police officer who has been involved in the investigation of the case. If the Magistrate grants permission, as per Section 302(2), the victim's lawyer can either conduct the prosecution personally or appoint another pleader to do so on his behalf.