Code of Criminal Procedure, 1898

Code of Criminal Procedure, 1898 — Section 495: Permission to conduct prosecutions

495. Permission to conduct prosecutions.__ (1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below the rank to be prescribed by the 4[Provincial Government] in this behalf 5[* * *] but no person, other than the Advocate General, Standing Counsel, Government Solicitor, Public Prosecutor or other officer generally or specially empowered by the 4[Provincial Government] in this behalf, shall be entitled to do so without such permission.

(2)Any such officer shall have the like power of withdrawing from the prosecution as is provided by section 494, and the provisions of that section shall apply to any withdrawal by such officer.

(3)Any person conducting the prosecution may do so personally or by a pleader.

(4)An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted. CHAPTER XXXIX OF BAIL

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.