Code:
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Explanation:
This section of the BNSS mandates that all trials before a Court of Session must be conducted by a Public Prosecutor. This means that the prosecution, or the process of proving the guilt of an accused person in a criminal case, will be handled by a legal professional appointed by the state. This ensures consistency and professionalism in the prosecution of criminal cases at this level.
Illustration:
Imagine a case where an individual is accused of a serious crime like murder. The trial takes place in a Court of Session. According to Section 248, the prosecution of this case would be handled by a Public Prosecutor, not by the victim’s family or any private lawyer. This ensures that the case is handled impartially and with the appropriate legal expertise.
Common Questions & Answers:
- Q: Why is a Public Prosecutor necessary for trials before a Court of Session?
- A: Trials before a Court of Session are complex and involve serious crimes. A Public Prosecutor brings expertise, impartiality, and consistency to the prosecution process, ensuring fairness and upholding the rule of law.
- Q: Can a private lawyer represent the prosecution in a Court of Session trial?
- A: No. Section 248 explicitly states that the prosecution must be conducted by a Public Prosecutor.
