Bharatiya Nagarik Suraksha Sanhita 2023
By innovative Judiciary
Section 18
Public Prosecutors
Subsection (1)
For conducting
Central or State
prosecutions, appeals, or
for every High Court Government, after
other proceedings on behalf
consultation with the High
of the Central or State
Court
Government.
Shall appoint
•A Public Prosecutor
may appoint
•one or more
Additional Public
Prosecutors
Provided that for the National Capital Territory of Delhi, the Central Government shall,
after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional
Public Prosecutors for the purposes of this sub-section.
Subsection (2)
for the purpose of
Central Government conducting any case
for district Court
may appoint in any case in any
district or local area
one or Public
Prosecutor
16
Bharatiya Nagarik Suraksha Sanhita 2023
By innovative Judiciary
Subsection (3)
For conducting
for every State
prosecutions, in
District Government
district courts.
Shall appoint
•A Public Prosecutor
may appoint
•one or more
Additional Public
Prosecutors
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one
district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor,
as the case may be, for another district.
Subsection (4)
fit to be appointed as
The District Magistrate prepare a panel of Public Prosecutors or
shall, in consultation names of persons, who Additional Public
with the Sessions Judge are, in his opinion Prosecutors for the
district
Subsection (5)
No person shall be appointed unless his name appears in the panel of names prepared by
the DM.
Subsection (6)
where in a State there exists a regular Cadre of Prosecuting Officers, the State Government
shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the
persons constituting such Cadre.
If no person suitable person, then from panel.
Subsection (7) Follow us on instagram@innovative_judiciary.in
Eligible- if he has been in practice as an advocate for not less than seven years.
Subsection (8) The Central Government or the State Government may appoint, for the
purposes of any case or class of cases, a person who has been in practice as an advocate for
not less than ten years as a Special Public Prosecutor,
17
Bharatiya Nagarik Suraksha Sanhita 2023
By innovative Judiciary
Provided that the Court may permit the victim to engage an advocate of his choice to
assist the prosecution under this sub-section.
Question-Who appoints assistant public prosecutor? Whether a police officer may be
appointed as an assistant public prosecutor?
Section 19
Assistant Public Prosecutors
Section
Who Whom For Which
No.
State Government Conducting prosecutions in
One or more Assistant
19(1) SHALL APPOINT the Courts of Magistrates in
Public Prosecutors
districts
Central
Government Conducting any case or class
One or more Assistant
19(2) MAY APPOINT of cases in the Courts of
Public Prosecutors
Magistrates
Appointed as APP for a
particular case when no
District Magistrate Assistant Public Prosecutor
19(3) Any other person
May is available, with 14 days’
notice to the State
Government
If the officer has taken part
19 in the investigation into the
Proviso Police Officer offence with respect to
(3)(a) which the accused is being
prosecuted
(Ineligible)
19
If the officer is below the
Proviso(3) Police Officer
rank of Inspector
(b)
Section 20: Directorate of Prosecution
Sub-
Section
The State Government ⟶ (a) Directorate of Prosecution ⟶ every state ⟶
Director of Prosecution and as many Deputy Directors as deemed fit. (b) District
20(1)
Directorate of Prosecution ⟶ every district ⟶ as many Deputy Directors and
Assistant Directors as deemed fit.
(a) Director or Deputy Director of Prosecution ⟶ practiced
20(2)
as advocate for at least 15 years or is/has been Sessions
Judge.
18
Bharatiya Nagarik Suraksha Sanhita 2023
By innovative Judiciary
(b) Assistant Director of Prosecution ⟶ practiced as
advocate for at least 7 years or is/has been Magistrate of
first class.
Directorate of Prosecution ⟶ headed by Director of Prosecution ⟶ under
20(3)
administrative control of Home Department.
(a) Deputy Directors and Assistant Directors ⟶ subordinate to Director of
20(4)
Prosecution. (b) Assistant Directors ⟶ subordinate to Deputy Directors.
Public Prosecutors, Additional Public Prosecutors, and Special Public
20(5) Prosecutors ⟶ appointed by State Government for High Court cases ⟶
subordinate to Director of Prosecution.
Public Prosecutors, Additional Public Prosecutors, Special Public Prosecutors,
20(6) and Assistant Public Prosecutors ⟶ appointed for District Court cases ⟶
subordinate to Deputy Director or Assistant Director of Prosecution.
Director of Prosecution ⟶ monitors cases with imprisonment of 10 years or
20(7) more, life imprisonment, or death ⟶ expedites proceedings and gives opinions on
appeals.
Deputy Director of Prosecution ⟶ monitors cases with imprisonment of 7 years
20(8) or more, but less than 10 years ⟶ ensures expeditious disposal.
Assistant Director of Prosecution ⟶ monitors cases with imprisonment of less
20(9)
than 7 years.
Director, Deputy Director, or Assistant Director of Prosecution ⟶ responsible
20(10)
for all proceedings under this Sanhita.
State Government ⟶ specifies by notification powers, functions, and areas for
20(11)
Directors, Deputy Directors, and Assistant Directors.
Provisions ⟶ do not apply to Advocate General while performing functions of
20(12)
Public Prosecutor.
19