Section 301 of CRPC "Appearance 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:- Substitute the following for sub-sec. 301 (I)
(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."
W.B. Act No. 26 of 1990, enforcement date not yet notified.
Section 302 of CRPC "Permission to conduct prosecution"
(1) Any Magistrate inquiring into or trying a case may
permit the prosecution to be conducted by any person other
than a police officer below the rank of inspector, but no
person, other than the Advocate-General, or Government
Advocate or a Public Prosecutor or Assistant Public
Prosecutor, shall be entitled to do so without such
permission:
Provided that no police officer shall be permitted to
conduct the prosecution if he has taken part in the
investigation into the offence with respect to which the
accused is being prosecuted.
(2) Any person conducting the prosecution may do so
personally or by a pleader.
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS