Chapter - 26 GENERAL PROVISIONS AS TO INQUIRIES & TRAILS

Sec.301/338 BNSS –
a. Any PP or APP who is in charge of case can appear without written authority and plead before
any court.
b. Wherever any private person appoint advocate for prosecution then he shall Act in direction of
PP/APP and with permission of court give written arguments.
Sec.302/339 BNSS – Court can give permission to any person to prosecute except – Police Officer below
the rank of Inspector.
 No other except Advocate General / Govt. Advocate/ Public Prosecutor/APP without permission
can do prosecution.
 No Police officer who has done investigation shall be permitted to conduct prosecution
 Person can appear and conduct prosecution himself or by advocate.
Sec.303/340 BNSS – Wherever there is any accused then he can appoint advocate of his choice.
Sec.304/341 BNSS – Wherever trial in court & advocate is not appointed and court is satisfied that he has
no sufficient means then on expense on state advocate shall be appointed.
 HC after previous approval of State Govt. can make rules with regard to selection of advocate
facilities fees etc.
Sec.305/342 BNSS – Wherever matter is of corporation or registered society then all the proceeding in
front of that person who shall be appointed by such corporation or society. (Duly Authorised Person)
Q. – What do you understand by tender of Pardon?
Sec.306/343 BNSS – Tender of pardon of accomplice. Also Refer Sec. 133 IEA/138 BSA
Who can give –
a. Any CJM during investigation inquiry or trial.
b. Any JM- I during inquiry and trial.
When – following matter
a. When matter is exclusively triable by COS.
b. Wherever special judge is appointed under any other law.
c. Wherever imprisonment extend to 7 yr. or more severe
Que. What is the procedure?
Every magistrate shall record the reason of tender of pardon.
Whether accused accepted it or not.
Such witness shall be examined and if he is not on bail then till pendency of trial he shall be kept in
custody.
After examination matter shall be committed.
a. Session court
b. Special court
c. CJM court
Sec.307/344 BNSS – Wherever matter was committed to any court then such court shall also give tender
of pardon.
Sec.308/345 BNSS – Wherever PP give certificate that person is not speaking truth or concealing fact or
falsely giving evidence then there shall be two trial on such person.
1. For original offence

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 2. For false evidence. (Sanction of High Court Required.)
Such trial shall not be joint.
Out of the two first trial shall be of false evidence.
 BOP is on prosecution that it proves false evidence is given.
Consequence – If court finds that person had complied with the condition then in both cases person shall
be acquitted.
Sec.309/346 BNSS – Matter can be postponed (same day) or adjourned. (Next Day)
Trial shall be from day to day till all the witness are examined. Adjournment in exceptional
circumstances only after recording reasons.
 Wherever matter is of rape every endeavour that within 2 month filing of charge sheet inquiry &
trial be completed.
 If any accused is sent to remand and matter is adjourned then not exceeding 15 days at a time.
 Wherever witness is present and matter is adjourned then special reasons.
Following circumstance.
Reason Adjournment or Not
a. Any request by party No adjournment except circumstance beyond control.
Wherever circumstance beyond control of party then
objection shall be heard & adjournment not more than
two adjournment.
b. Advocate in other court. No adjournment.
c. If witness is present & party advocate Court shall take statement and pass proper order & can
does not do cross examination discharge the accused.
 On adjournment cost can be obtained from party.
 If court consider sufficient ground then can remand accused.
Sec.310/347 BNSS – Any judge or magistrate at any stage after giving notice to the parties can inspect
any place where offence committed or he consider necessary for evidence.
 Make a memorandum which shall be given free of cost to parties if required.
Sec.311/348 BNSS – Court at any stage of inquiry trial or other proceeding can issue summon to call
person as witness or examine any person although no summon is issue or recall & re-examine.
The court shall summon & examine any person if essential to just decision.
Raja Ram Prasad Yadav V/s State of Bihar – Along with Sec 311 CrPC/348 BNSS – Sec 138
IEA/143 BSA should also be read.
Sec.311-A/349 BNSS – Any JM-I if he satisfied then he can ask any person to give specimen signature &
handwriting,
Such person shall appear such time & place and comply.
 Such order shall be given to that person only who at the time of investigation was arrested at any
point of time.
 Can give order for specimen without arresting the person.
Sec.312/350 BNSS – The expenses incurred by complainant and witnesses shall be ordered by court.
State Govt shall be make rule.