The Madhya Pradesh High Court has clarified that private advocates assisting the prosecution in criminal trials under the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot conduct cross-examination or make oral arguments during sessions trials. In Vijay Sharma v. State of Madhya Pradesh & Ors., a Division Bench of Justice GS Ahluwalia and Justice Pushpendra Yadav held that the prosecution remains under the exclusive control of the Public Prosecutor, while private counsel may only submit written arguments after the conclusion of evidence and with the permission of the court.
Interpreting Sections 248 and 338(2) of the BNSS, the Court observed that the statutory framework strictly limits the role of private counsel engaged by complainants or victims. “The aforesaid provisions do not permit the counsel of private person to make oral arguments and cross examine the witnesses. He can only file written arguments under the instructions of Public Prosecutor with the permission of the Court but only after closing of the evidence in the case,” the Bench stated. The Court further emphasized that the prosecution in sessions trials is conducted solely by the Public Prosecutor, and any participation by private counsel is subject to statutory restrictions.
The ruling came while dismissing a petition filed by a Shivpuri councillor who sought permission to assist the prosecution through a private advocate in a corruption case related to alleged irregularities in municipal road works. The councillor argued that since his complaint had led to the FIR and investigation, he should be treated as a victim entitled to participate in the proceedings. However, the High Court upheld the trial court’s rejection of his plea, noting that even victims’ counsel cannot claim a larger role than what is permitted under law, relying on the Supreme Court’s judgment in Rekha Murarka v. State of West Bengal (2019). The Court also noted that the application was premature, as such limited assistance by private counsel is permissible only after evidence is concluded.