Provision for appointment of counsel to assist Public Prosecutor by accused or his private counsel has been explained in Section 301 & 302 Cr PC.
In the case of [J. K. International Vs. State (NCT of Delhi) & Ors, (2001) 3 SCC 462], referring to Section 302 of Code of Criminal Procedure, 1973, the Supreme Court held that when the trial is before a Magistrate's Court, the scope of any other private person intending to participate in the conduct of the prosecution is still wider. Explaining the provisions of Section 302, Code of Criminal Procedure, 1973, the Supreme Court further observed that:
The private person who is permitted to conduct prosecution in the Magistrate's Court can engage a Counsel to do the needful in the Court in his behalf. It further amplifies the position that if a private person is aggrieved by the offence committed against him or against anyone in whom he is interested he can approach the Magistrate and seek permission to conduct the prosecution by himself.
Recently, in the case of [Amir Hamza Shaikh & Ors. Vs. State Of Maharashtra & Anr., (2019) 8 SCC 387], the Supreme Court further clarified this issue by observing that though the Magistrate is not bound to grant permission at the mere asking but the victim has a right to assist the Court in a trial before the Magistrate. The Magistrate may consider as to whether the victim is in a position to assist the Court and as to whether the trial does not involve such complexities which cannot be handled by the victim. On satisfaction of such facts, the Magistrate would be within his jurisdiction to grant permission to the victim to take over the inquiry of the pendency before the Magistrate.