Lawgist301Appearance by Public Prosecutors
(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
STATE AMENDMENT
West Bengal
For sub-section (1) of section 301 of the principal Act, the following sub-sections shall be substituted:--
"(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry or trial.".
[Vide West Bengal Act 26 of 1990, s. 4.]
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- 300 Person once convicted or acquitted not to be tried for same offence
- 301 Appearance by Public Prosecutors
- 302 Permission to conduct prosecution
- 303 Right of person against whom proceedings are instituted to be defended
- 304 Legal aid to accused at State expense in certain cases
- 305 Procedure when corporation or registered society is an accused
- 306 Tender of pardon to accomplice
- 307 Power to direct tender of pardon
- 308 Trial of person not complying with conditions of pardon
- 309 Power to postpone or adjourn proceedings
- 310 Local inspection
- 311 Power to summon material witness, or examine person present
- 311A Power of Magistrate to order person to give specimen signatures or handwriting
- 312 Expenses of complainants and witnesses
- 313 Power to examine the accused
- 314 Oral arguments and memorandum of arguments
- 315 Accused person to be competent witness
- 316 No influence to be used to induce disclosure
- 317 Provision for inquiries and trial being held in the absence of accused in certain cases
- 318 Procedure where accused does not understand proceedings
- 319 Power to proceed against other persons appearing to be guilty of offence
- 320 Compounding of offences
- 321 Withdrawal from prosecution
- 322 Procedure in cases which Magistrate cannot dispose of
- 323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324 Trial of persons previously convicted of offences against coinage, stamp-law or property
- 325 Procedure when Magistrate cannot pass sentence sufficiently severe
- 326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327 Court to be open
