What Is BNSS Section 20?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 20: Directorate of Prosecution

The State Government may establish—

• a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and
• a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution as it thinks fit.

A person shall be eligible to be appointed—

• as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge;
• as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class.

The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State.

Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution.

Every Public Prosecutor, Additional Public Prosecutor, and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.

Every Public Prosecutor, Additional Public Prosecutor, and Special Public Prosecutor appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution.

The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals.

The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police reports and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal.

The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years.

Notwithstanding anything contained in sub-sections (7), (8), and (9), the Director, Deputy Director, or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita.

The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution, and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.

The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

Brefe Detail

Section 20 outlines the establishment and structure of the Directorate of Prosecution in the state. It details the roles and eligibility criteria for the Director, Deputy Directors, and Assistant Directors of Prosecution, and their respective powers and functions in overseeing prosecution cases.

Question & Answers

What is the role of the State Government regarding the Directorate of Prosecution?

The State Government may establish a Directorate of Prosecution and appoint a Director and Deputy Directors as necessary.

Who is eligible to be appointed as a Director of Prosecution?

A person must have been in practice as an advocate for not less than fifteen years or must be or have been a Sessions Judge.

What are the functions of the Director of Prosecution?

The Director monitors serious cases, expedites proceedings, and provides opinions on filing appeals.

Are Public Prosecutors subordinate to the Director of Prosecution?

Yes, all Public Prosecutors appointed by the State Government are subordinate to the Director of Prosecution.

Example

• Director of Prosecution: Appointed with a minimum of 15 years of practice or a previous role as a Sessions Judge.
• Deputy Director of Prosecution: Appointed to oversee cases with offenses punishable for seven to ten years.
• Assistant Director of Prosecution: Monitors cases with offenses punishable for less than seven years.

Summary

Section 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the Directorate of Prosecution, outlining the appointments, roles, and responsibilities of various prosecution officials. It specifies eligibility criteria and delineates the hierarchical structure among the prosecution staff. The section ensures effective oversight and management of criminal cases within the jurisdiction.