Section 19 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Assistant Public Prosecutors

This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the appointment of Assistant Public Prosecutors (APPs) for conducting prosecutions in Magistrate Courts.

Code

19. (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.

(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government:

Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—

(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

(b) is below the rank of Inspector.

Explanation: Assistant Public Prosecutors

This section outlines the process of appointing APPs who are responsible for representing the state in criminal cases before Magistrate Courts. It specifies the authority for appointment, which can be either the State or Central Government depending on the nature of the case.

Subsection (3) provides a mechanism for appointing an APP in cases where no regular APP is available. However, this provision includes a critical restriction: no police officer who was involved in the investigation of the case, or who holds a rank below Inspector, can be appointed as an APP. This restriction is designed to prevent potential conflicts of interest and ensure fairness in the prosecution process.

Illustration: Assistant Public Prosecutors

Imagine a case where a theft has been committed. The State Government has already appointed an APP in the district. However, due to a sudden illness, the APP is unavailable to handle the theft case. The District Magistrate can then, appoint another person to act as the APP for this particular case. This should be after giving notice to the State government. However, the District Magistrate cannot appoint the investigating police officer in this case. This is beacuse the officer was involved in the investigation.

Common Questions and Answers

Who can appoint an APP?
The State Government appoints APPs for districts. Meanwhile the Central Government can appoint them for specific cases or classes of cases.

Can a police officer be appointed as an APP?
Not if they were involved in the investigation of the case or hold a rank below Inspector.

What happens if no APP is available for a specific case?
The District Magistrate can appoint another person as an APP after giving notice to the State Government.