Trial to be conducted by Public Prosecutor
Section 248 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with trial to be conducted by Public Prosecutor. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. The Act came into force on 01 Jul 2024.
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Section 248, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 225 Trial to be conducted by Public Prosecutor Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sister Mina Lalitha Baruwa vs State of Orissa
Decided under Code of Criminal Procedure 225, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal proceedings involving allegations of grave offences such as rape, where a statutory witness (particularly a judicial officer) makes oral testimony that directly contradicts documentary evidence prepared by that witness himself, and such contradiction is brought to the trial court's notice by the victim or any party, the trial court is duty-bound under Section 311 Cr.P.C. to recall and re-examine that witness if the evidence appears essential to the just decision of the case. This duty arises independently of whether the victim invokes Section 301 Cr.P.C. (which limits victim's prosecution role), because the proper reconciliation of Sections 301 and 311 permits victims to bring material errors to court's notice, and courts must respond by invoking their broad powers under Section 311 to rectify glaring contradictions. Courts cannot remain passive spectators when such irregularities are brought to notice; they must maintain an active, participatory role to prevent miscarriage of justice. The court's duty is not conditioned by delay if the error is material and affects the just decision of the case.
On this section: Referenced in context of public prosecutor's mandatory role in Sessions Court trials
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Margadarsi Financiers vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 225, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A designated Senior Advocate cannot be appointed as a Special Public Prosecutor under Section 24(8) of the Criminal Procedure Code, 1973, because such appointment would require the Senior Advocate to directly file applications and conduct prosecutions, which violates the mandatory restrictions imposed on Senior Advocates under the Rules framed under the Advocates Act, 1961. Additionally, while the procedure prescribed under Sub-sections 4 and 5 of Section 24 CrPC (panel preparation and consultation) is not mandatory for Special Public Prosecutor appointments under Sub-section 8, the restrictions on Senior Advocates' practice are absolute and cannot be circumvented by government appointment.
On this section: Requirement that prosecution in Sessions Court be conducted by Public Prosecutor
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 248
What have the courts held on Section 248 of the Bharatiya Nagarik Suraksha Sanhita?
Sister Mina Lalitha Baruwa vs State of Orissa (05 Dec 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 225, which this section replaced -- the court never mentioned this Act: Referenced in context of public prosecutor's mandatory role in Sessions Court trials. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2013.
How do I find court cases under Section 248 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 248, section 248 BNSS, section 248 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 248 to 260. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sister Mina Lalitha Baruwa vs State of Orissa (05 Dec 2013).
What should I read with Section 248 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 225 (Trial to be conducted by Public Prosecutor), so the judgments decided under that provision are the case law on this one.
When did Section 248 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 248 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 248, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.