- 13-Jan-2025
- Criminal Law
For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be: Provided that for 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.
The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area.
For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: 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.
The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
Notwithstanding anything in sub-section (5), 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: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).
Explanation.—For the purposes of this sub-section:
(a) regular Cadre of Prosecuting Officers means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;
(b) Prosecuting Officer means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor under this Sanhita.
A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
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: Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.
For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.
Section 18 outlines the appointment and qualifications of Public Prosecutors and Additional Public Prosecutors for High Courts and districts in India. It specifies the role of the Central and State Governments in these appointments, the eligibility criteria for candidates, and provisions for Special Public Prosecutors.
Section 18 addresses the appointment and roles of Public Prosecutors and Additional Public Prosecutors in High Courts and districts.
The Central or State Government appoints the Public Prosecutors for the High Courts after consulting with the respective High Court.
A person must have been in practice as an advocate for not less than seven years to be eligible for appointment as a Public Prosecutor.
Yes, a Public Prosecutor or Additional Public Prosecutor appointed for one district may also be appointed for another district.
The Central or State Government may appoint a person with at least ten years of practice as an advocate as a Special Public Prosecutor.
Example 1: A lawyer with 8 years of experience cannot be appointed as a Public Prosecutor since the minimum requirement is 7 years.
Example 2: A Public Prosecutor appointed in District A may also be appointed in District B if needed.
Section 18 provides a framework for the appointment of Public Prosecutors and Additional Public Prosecutors, stipulating their qualifications, the process of selection, and the roles of both the Central and State Governments in this procedure. It ensures that qualified individuals represent the government in legal proceedings across various courts.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.
