Introduction
Section 248 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the conduct of prosecution by a Public Prosecutor in trials before a Court of Session.
The provision establishes that in a trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
This ensures that serious criminal prosecutions before the Court of Session are conducted by an authorised legal representative of the State.
Meaning of Section 248
Section 248 provides that every trial before a Court of Session shall be conducted by a Public Prosecutor.
The Public Prosecutor represents the prosecution and presents the case of the State before the Court.
The provision therefore identifies the person responsible for conducting the prosecution in a Sessions trial.
Object and Purpose
The main objectives of Section 248 are:
- To ensure that Sessions trials are conducted by a legally authorised prosecutor.
- To represent the State in serious criminal proceedings.
- To ensure proper presentation of the prosecution case.
- To maintain fairness and regularity in criminal trials.
- To distinguish the role of the prosecution from that of the investigating agency.
Role of the Public Prosecutor
The Public Prosecutor is responsible for conducting the prosecution before the Court.
The role generally includes:
- Presenting the prosecution case.
- Examining prosecution witnesses.
- Cross-examining witnesses where legally appropriate.
- Presenting relevant evidence.
- Making submissions on behalf of the prosecution.
- Assisting the Court in determining the issues arising in the trial.
The Public Prosecutor’s role is not merely to secure a conviction. The prosecutor is expected to conduct the case fairly and assist the Court in reaching a proper decision according to law.
Sessions Trial
A Court of Session deals with serious criminal offences that are triable by that Court.
Section 248 specifically applies to trials before a Court of Session.
The provision ensures that such trials are conducted by a Public Prosecutor rather than by a private individual acting independently as the prosecutor.
Public Prosecutor and Police
The Public Prosecutor and the police have different roles.
Police
The police generally:
- investigate the offence;
- collect evidence;
- record statements;
- conduct searches and seizures where authorised; and
- submit the police report or charge-sheet where applicable.
Public Prosecutor
The Public Prosecutor:
- conducts the prosecution before the Court;
- presents the prosecution evidence;
- examines witnesses;
- makes legal submissions; and
- assists the Court during the trial.
Thus:
Police → Investigation
Public Prosecutor → Conduct of prosecution
Public Prosecutor and Private Counsel
A victim or complainant may, subject to the applicable provisions of law and permission of the Court where required, engage a legal practitioner to assist the prosecution.
However, the statutory responsibility for conducting the Sessions trial remains with the Public Prosecutor.
The private counsel does not automatically replace the Public Prosecutor as the person conducting the prosecution.
Importance of Section 248
Section 248 ensures institutional and professional conduct of serious criminal trials.
It helps ensure that:
- the prosecution is presented by an authorised legal professional;
- the State’s case is properly presented;
- the trial follows a structured procedure; and
- the prosecution remains subject to the duties of fairness and justice.
Example
Suppose A is accused of an offence exclusively triable by the Court of Session.
When the case reaches the Sessions Court for trial, the prosecution is conducted by a Public Prosecutor.
The Public Prosecutor presents the prosecution evidence, examines witnesses and makes submissions on behalf of the State.
Relationship with Earlier Provisions
Section 248 follows the provisions dealing with framing and joinder of charges and marks the beginning of the provisions governing the actual conduct of trials before the Court of Session.
It establishes who is responsible for conducting the prosecution in such trials.
BNSS and CrPC
Section 248 of the BNSS corresponds to Section 225 of the Code of Criminal Procedure, 1973.
The basic principle remains the same: every trial before a Court of Session is to be conducted by a Public Prosecutor.
Common Confusions
Who conducts a trial before the Court of Session?
A Public Prosecutor.
Does the police conduct the trial?
No.
The police investigate the case, while the Public Prosecutor conducts the prosecution before the Court.
Can the victim have a private lawyer?
A victim may have legal representation or assistance in accordance with the applicable provisions, but this does not replace the statutory role of the Public Prosecutor in conducting the Sessions trial.
Is the Public Prosecutor required only to seek conviction?
No.
The Public Prosecutor is an officer of the Court and is expected to act fairly and assist in the administration of justice.
Topic at a Glance
- BNSS Section: 248
- Subject: Trial to be conducted by Public Prosecutor
- Applicable Court: Court of Session
- Who conducts prosecution: Public Prosecutor
- Police role: Investigation
- Main purpose: Proper and authorised conduct of Sessions prosecution
- Corresponding CrPC provision: Section 225
- Nature: Procedural provision
Quick Revision
- Section 248 deals with conduct of trials before a Court of Session.
- Every Sessions trial is conducted by a Public Prosecutor.
- The Public Prosecutor represents the prosecution before the Court.
- The police are responsible for investigation, not for conducting the trial.
- Private counsel may assist the prosecution where permitted, but does not replace the Public Prosecutor.
- Section 248 BNSS corresponds to Section 225 CrPC.
ALSO READ: Section 247 – Withdrawal of remaining charges on conviction on one of several charges
Conclusion
Section 248 of the BNSS establishes that every trial before a Court of Session shall be conducted by a Public Prosecutor. The provision ensures that serious criminal prosecutions are presented by an authorised legal professional and maintains a clear distinction between the investigative role of the police and the prosecutorial role of the Public Prosecutor.
