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Can Complainant Assist Assistant Public Prosecutor?


21-Mar-2026 (In Criminal Law)
In the application filed u/s 301(2). It states "complainant is interested in assisting the prosecutor in the above case in terms of the law laid down by the apex court reported in (2022) 9 SCC 321." Complainant wants to assist by bring in a witness not part of charge sheet. So how to reject this application?
Answers (3)

Answer #1
682 votes
Yes, a complainant can assist the Assistant Public Prosecutor (APP) during a criminal trial. According to Section 301(2) of the Code of Criminal Procedure (CrPC) [or the corresponding section under the new Bharatiya Nagarik Suraksha Sanhita (BNSS)], a private person or their pleader can act under the directions of the Public Prosecutor or Assistant Public Prosecutor. ​Key Points to Note: ​Role of Private Counsel: The private advocate engaged by the complainant can assist the prosecution by providing evidence or suggestions, but the overall conduct of the case remains with the APP. ​Written Arguments: With the permission of the Court, the complainant's advocate can submit written arguments after the evidence is closed. ​Victim's Rights: Under recent legal developments, the victim (complainant) has a recognized right to participate more actively in the proceedings to ensure justice.
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Advocate Manjunath N S

Adv. Manjunath N S

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Answer #2
586 votes
Dear Sir private party cannot unilaterally decide which witnesses are material. This power rests with the Court or is initiated by the Prosecutor. ​ Bringing in a surprise witness not vetted by the investigation can be argued as an attempt to fill lacunae in the prosecutions case which is legally impermissible.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #3
954 votes
The complainant has a right as a victim in the eyes of law to represent and assist the prosecution. Infact one can go a step ahead and say the complainant’s advocate can seek to argue separately as well because the Supreme Court is clear in that regard
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Advocate Dhanush Menon

Adv. Dhanush Menon

LawRatoBangalore / Bengaluru | 25+ Answers
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