Introduction to Section 248 BNSS
Section 248 BNSS is part of Chapter XIX of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which deals with criminal trial procedures. This section states that every criminal trial held before a Court of Session must be conducted by a Public Prosecutor. This ensures the prosecution is handled fairly, professionally, and in the interest of justice.
What is BNSS Section 248 ?
BNSS Section 248 states that every trial before a Court of Session must be conducted by a Public Prosecutor. This ensures that criminal trials at this higher court level are managed by legally appointed professionals who represent the state and ensure justice is properly pursued. This section plays a crucial role in upholding the integrity and fairness of serious criminal trials.
BNSS Section of 248 in Simple Points
1. Only Public Prosecutor Can Lead Session Trials
BNSS Section 248 clearly states that only a Public Prosecutor can conduct trials before a Court of Session. These courts deal with serious offences like murder, rape, and terrorism. Appointing a trained prosecutor ensures that the prosecution is legal, fair, and unbiased. It prevents individuals with personal interests from leading the trial. This maintains integrity and discipline in the courtroom. Public Prosecutors work independently and present evidence truthfully. The law ensures only state-appointed legal officers lead such sensitive cases.
2. Protects Fairness and Legal Ethics
One of the biggest reasons for BNSS 248 is to maintain ethical standards in serious trials. Public Prosecutors are accountable to the government and the judiciary. They are trained in criminal law and understand the importance of impartiality. They do not represent personal parties but the State, ensuring justice is the only goal. This avoids emotional or revenge-driven prosecution. It also allows the accused a fair chance to defend themselves. Ethical conduct is a pillar of the justice system, and BNSS 248 safeguards that.
3. Stops Personal or Biased Prosecution
BNSS 248 avoids a major risk—personal involvement in criminal prosecution. If victims or families conducted trials, they may act emotionally or aggressively. This can affect the fairness of proceedings. Section 248 blocks this by legally requiring a neutral, government-assigned Public Prosecutor. This person is bound by law to follow facts, not feelings. It keeps both victim and accused safe from unfair practices. The rule protects everyone involved in the criminal justice process.
4. Increases Public Confidence in the Justice System
When serious cases are handled by Public Prosecutors under BNSS 248, the public feels confident in the system. People know that trained legal officers—not emotionally involved parties—will argue the case. This increases trust in the court and legal system. It also reduces corruption and manipulation risks. The structure provided by BNSS 248 ensures a fair trial and strengthens democratic justice. The public sees that law, not emotion or money, controls the outcome.
5. Ensures Trials Follow Correct Legal Procedure
BNSS 248 ensures that trials in Sessions Court are conducted by people who understand courtroom procedures and evidence law. Public Prosecutors know how to handle legal documentation, witness statements, and forensic reports. They don’t skip steps or violate rules. This helps the judge make decisions based on clean, reliable facts. When the prosecution is done correctly, chances of appeals or case dismissals reduce. Section 248 helps protect justice from legal errors.
Section 248 of BNSS Overview
BNSS 248 establishes that only a Public Prosecutor—an officer appointed by the government—can conduct trials in a Sessions Court. This rule is important because cases in these courts usually involve serious criminal offences, and allowing only qualified legal professionals to handle prosecution ensures justice, fairness, and constitutional integrity.
10 Key Points – Paragraph-Wise
1. Mandatory Role of Public Prosecutor
BNSS Section 248 makes it mandatory that every criminal trial before a Court of Session must be conducted by a Public Prosecutor. This ensures the presence of a trained legal officer who can objectively present the case on behalf of the State. The involvement of a Public Prosecutor upholds fairness and avoids bias, especially in serious offences like murder, rape, or dacoity. It’s a vital step toward ensuring justice is served without personal influence or private interest.
2. Applies Only to Sessions Court Trials
This section applies specifically to trials in the Court of Session, which usually handles more serious and grave criminal offences. Lower courts may follow different procedures, but in Sessions Courts, the law clearly mandates that the prosecution must be led by a Public Prosecutor. This specialization ensures that serious criminal cases are not handled casually or by unqualified representatives, but by someone accountable to the state and trained in criminal law.
3. Public Prosecutor as Representative of the State
The Public Prosecutor under BNSS 248 is not a personal lawyer of any victim or complainant. Instead, they are the official representative of the State. Their duty is not just to secure a conviction but to ensure that truth and justice prevail. This role balances the interests of society, the victim, and the accused. The Public Prosecutor must present evidence fairly, disclose facts honestly, and help the court reach a just verdict.
4. Ensures Professional and Ethical Conduct
Having a Public Prosecutor lead the trial under BNSS Section 248 guarantees that the prosecution process will be professional, disciplined, and ethical. Public Prosecutors are expected to follow a strict code of conduct and are answerable to higher legal authorities. This reduces the risk of manipulation, emotional arguments, or misuse of power, which could otherwise happen in sensitive or high-profile cases.
5. Prevents Private Prosecution in Serious Trials
BNSS 248 prevents any private individual or unauthorized lawyer from conducting prosecution in serious criminal matters before the Court of Session. This safeguard ensures that trials are not influenced by personal vendetta or private interests. The State, through the Public Prosecutor, remains the only legal entity authorized to pursue prosecution, which protects both the accused and the victim from unfair legal practices.
6. Builds Trust in the Criminal Justice System
Public confidence in the justice system is strengthened when cases in Sessions Courts are prosecuted by qualified Public Prosecutors. BNSS Section 248 ensures this by giving full responsibility to the state-appointed legal professionals. This helps the general public believe that trials will be fair, neutral, and conducted by experts — especially when the stakes are high, such as in crimes punishable with life imprisonment or death.
7. Separation from Investigating Officers
One important aspect of BNSS 248 is that the Public Prosecutor is separate from the police or investigating team. While the police collect evidence and build the case, the prosecutor independently evaluates and presents it in court. This separation helps avoid bias and ensures an unbiased, lawful prosecution. It also prevents any abuse of power by law enforcement agencies.
8. Safeguard for the Accused
Although the Public Prosecutor represents the State, they are also responsible for ensuring that the accused receives a fair trial. They must not hide any evidence that can help the accused. This duty to fairness is a legal obligation under the criminal justice system. BNSS 248 thus provides an additional safeguard for accused persons by assigning a professional who is bound by law to act with integrity.
9. Role in Ensuring Speedy Trials
A trained Public Prosecutor can help speed up the trial process in a Sessions Court by presenting the case efficiently and following all procedures correctly. This prevents unnecessary delays caused by inexperience, improper filing of charges, or legal mistakes. BNSS 248 ensures that the state takes responsibility for the timely and structured prosecution of serious crimes, which benefits both victims and the justice system.
10. Constitutional Backing and Legal Uniformity
BNSS 248 aligns with the principles of the Indian Constitution, which call for equal protection of the law and fair trial for all. It also maintains uniformity in how prosecutions are conducted in higher criminal courts across the country. By assigning this role only to Public Prosecutors, the law promotes consistency, professionalism, and accountability — all crucial for delivering justice in serious offences.
Example 1:
Ravi is accused of murder, a serious offence. His trial is to be held in the Court of Session. According to BNSS Section 248, only a Public Prosecutor can conduct the prosecution during his trial. Ravi’s neighbor, even if affected, cannot represent the prosecution.
Example 2:
In a case of rape registered against Arun, the victim’s family wants their personal lawyer to argue in the Sessions Court. However, BNSS 248 does not allow this. The trial must be conducted by a Public Prosecutor appointed by the State.
Section 248 of BNSS Short Information
| Key Question | Answer |
|---|---|
| 1. Who can conduct a Sessions Court trial? | Only a Public Prosecutor. |
| 2. Why is this important? | To ensure fairness and professionalism in serious criminal cases. |
| 3. Can a private lawyer lead the case? | No, BNSS 248 doesn’t allow it. |
| 4. What kind of cases does it cover? | Serious crimes like murder, rape, and dacoity. |
| 5. Who appoints the Public Prosecutor? | The State Government appoints them legally. |
Why Is BNSS 248 Needed?
BNSS 248 is needed to ensure fairness, professionalism, and legality in serious criminal cases. Without it, anyone could attempt to prosecute in Sessions Courts, leading to emotionally charged or biased arguments. The Public Prosecutor acts in the interest of society and ensures that trials are carried out following constitutional and legal norms. Serious crimes require an experienced and neutral person to present the case honestly. This helps judges make decisions based on truth, not manipulation. It builds trust and prevents misuse of the legal system.
BNSS Section 248 FAQs
BNSS 248
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