How does BNSS define Public Prosecutor?

Under Section 2 of the BNSS, Public Prosecutor means a person appointed under Section 18 and includes a person acting under the directions of a Public Prosecutor.

Section 248 BNSS: Trial to Be Conducted by Public Prosecutor

Q: Who must conduct a trial before a Court of Session under Section 248 BNSS?

Every trial before a Court of Session must be conducted by a Public Prosecutor.

Q: What is the corresponding CrPC provision for Section 248 BNSS?

Section 248 BNSS corresponds to Section 225 of the Code of Criminal Procedure, 1973.

Section 248 of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it mandatory that the prosecution in every trial before a Court of Session is conducted by a Public Prosecutor. It is the opening provision governing the procedure for Sessions trials under the BNSS.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 Chapter XIX: Trial Before a Court of Session In force from: 1 July 2024 Last reviewed: 11 September 2026

In simple terms: a Sessions trial is not to be prosecuted as an ordinary private prosecution. The prosecution must be conducted through a Public Prosecutor within the statutory prosecutorial framework of the BNSS.

Text of Section 248 BNSS

248. Trial to be conducted by Public Prosecutor.

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

Meaning of Section 248 BNSS

Section 248 uses mandatory language: the prosecution shall be conducted by a Public Prosecutor. Its purpose is to ensure that prosecutions before the Court of Session are handled through a legally appointed prosecuting authority rather than being left entirely to a private complainant or other person.

The section is concise because the appointment, status and eligibility of Public Prosecutors are dealt with elsewhere in the BNSS, principally in Section 18.

Who Is a Public Prosecutor under the BNSS?

The BNSS definition of Public Prosecutor includes a person appointed under Section 18 and also a person acting under the directions of a Public Prosecutor. Section 18 provides the statutory framework for appointment of Public Prosecutors and Additional Public Prosecutors for High Courts, districts and specified cases or areas.

Section 18 also prescribes professional eligibility. A person appointed as a Public Prosecutor or Additional Public Prosecutor under the specified provisions must ordinarily have been in practice as an advocate for at least seven years. A Special Public Prosecutor may be appointed for a case or class of cases if the person has been in practice as an advocate for at least ten years.

Why a Public Prosecutor Conducts Sessions Trials

A Court of Session ordinarily deals with serious criminal trials. Section 248 places responsibility for conducting the prosecution on the Public Prosecutor so that the prosecution is presented through an officer appointed under the statutory scheme.

The requirement also provides continuity with the following Sessions-trial provisions. After Section 248 identifies who conducts the prosecution, Section 249 BNSS deals with opening the prosecution case, followed by provisions concerning discharge, framing of charge, plea of guilty, prosecution evidence, defence and judgment.

Is Section 248 Mandatory?

Yes. The phrase "shall be conducted by a Public Prosecutor" is mandatory in form. Section 248 does not merely authorise a Public Prosecutor to appear; it identifies the person through whom the prosecution in every Sessions trial is to be conducted.

Role of a Private Advocate or Victim's Advocate

Section 248 does not itself regulate every form of assistance that may be given by a private advocate or an advocate engaged by a victim. The statutory scheme relating to Public Prosecutors and Special Public Prosecutors must therefore be read with the other applicable BNSS provisions governing assistance to the prosecution.

Section 18(8), for example, provides for appointment of a Special Public Prosecutor and also states that the Court may permit the victim to engage an advocate of the victim's choice to assist the prosecution. Assistance to the prosecution is distinct from the Section 248 rule that the Sessions prosecution is conducted by a Public Prosecutor.

Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor

Public Prosecutor: appointed under Section 18 for the High Court, a district, specified cases or local areas as provided by the statute.
Additional Public Prosecutor: may also be appointed under Section 18 for the relevant High Court or district.
Special Public Prosecutor: may be appointed by the Central Government or State Government for a case or class of cases, subject to the statutory experience requirement.
Person acting under directions: the statutory definition of Public Prosecutor also includes a person acting under the directions of a Public Prosecutor.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 248 BNSS corresponds to Section 225 of the Code of Criminal Procedure, 1973. Section 225 CrPC similarly provided that in every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

The core rule has therefore been carried forward into the BNSS while the surrounding criminal procedure framework has been renumbered and reorganised.

Position of Section 248 in the Sessions-Trial Sequence

Section 248: trial to be conducted by Public Prosecutor.
Section 249: opening case for prosecution.
Section 250: discharge.
Section 251: framing of charge.
Section 252: conviction on plea of guilty.
Section 253: date for prosecution evidence.
Section 254: evidence for prosecution.
Sections 255-258: acquittal, defence, arguments and judgment.

Frequently Asked Questions

Who conducts the prosecution in a Sessions trial?

Under Section 248 BNSS, every trial before a Court of Session must be conducted by a Public Prosecutor.

Where are Public Prosecutors appointed under the BNSS?

The principal appointment framework is contained in Section 18 BNSS, which deals with Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors.

Can a victim engage an advocate?

Section 18(8) provides that the Court may permit the victim to engage an advocate of the victim's choice to assist the prosecution. That assistance does not displace the statutory Section 248 requirement that the prosecution in a Sessions trial be conducted by a Public Prosecutor.

What is the corresponding CrPC provision?

The corresponding provision is Section 225 CrPC, 1973.

BNSS Commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

This page is intended as a structured legal reference. For authoritative statutory text, amendments and notifications, consult the official Government of India resources linked in the sidebar.