Public Prosecutors:
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 18
This section outlines the appointment of Public Prosecutors (PPs) at various levels. It ensures the presence of legal professionals with sufficient experience to represent the state in criminal proceedings.
Code:
(1) 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:
The Central Government shall appoint the Public Prosecutor or Additional Public Prosecutors for the purposes of this sub-section. This is provided that for National Capital Territory of Delhi. Moreover, this should be after consultation with the High Court of Delhi.
(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area.
(3) 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.
(4) 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.
(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district. This ahould be unless his name appears in the panel of names. The panel of names is prepared by the District Magistrate under sub-section (4).
(6) 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. Then that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor. This is 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.
(7) 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.
(8) The Central Government or the State Government may appoint, a person who has been in practice as an advocate. This must not for less than ten years as a Special Public Prosecutor. They nay appoint for the purposes of any case or class of cases.
Provided that the Court may permit the victim to engage an advocate of his choice. This is to assist the prosecution under this sub-section.
(9) For the purposes of sub-section (7) and sub-section (8), the period can be which a person has been in practice as an advocate. They may have rendered (whether before or after the commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public Prosecutor. Additionally, an 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.
Explanation: Public Prosecutors
- The Central Government appoints PPs for High Courts and for specific districts or areas.
- State Governments appoint PPs for districts, with the possibility of appointing them across multiple districts.
- A District Magistrate prepares a panel of potential PPs for a district, based on their suitability.
- The State Government can appoint PPs from existing Cadres of Prosecuting Officers. They can also be appointed from the District Magistrate’s panel if no suitable candidates are available.
- An individual should be practising as an advocae for at least seven years. This qualification is neccessity for appointment.
- The Government can appoint Special Public Prosecutors with at least ten years of practice. This can be for specific cases or classes of cases.
- The Court can allow victims to engage their own advocate to assist the prosecution. Tjis can be in cases where a Special Public Prosecutor is appointed.
Illustration: Public Prosecutors
A murder case takes place in District X. The State Government appoints a Public Prosecutor for District X. He/she is selected from the panel prepared by the District Magistrate. The appointed Public Prosecutor is tasked with representing the state in the prosecution of the accused in the murder case.
Common Questions & Answers:
Q: Who can be appointed as a Public Prosecutor?
A: Only individuals who have been practicing as advocates for at least seven years are eligible for appointment as PPs.
Q: What is the difference between a Public Prosecutor and a Special Public Prosecutor?
A: PPs are appointed for general prosecution work in a specific court or area. Special Public Prosecutors are appointed for specific cases or types of cases. They typically require at least ten years of legal practice.
Q: Can a victim appoint their own advocate in a case where a Special Public Prosecutor is appointed?
A: Yes, the court can allow the victim to engage their own advocate to assist the prosecution.
