Directorate Of Prosecution: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 20(1)
This section of the BNSS deals with the establishment of a Directorate of Prosecution and the appointment of various officials within it.
Code:
(1) The State Government may establish,—
(a) 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
(b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.
(2) A person shall be eligible to be appointed,—
(a) as a Director of Prosecution or a Deputy Director of Prosecution. This is if he has been in practice as an advocate for not less than fifteen years. He/she may also have prior experience as Sessions Judge.
(b) If he has been in practice as an advocate for not less than seven years or has been a Magistrate. Specifically, ome should be the magistrate of the first class. The he/she may be appointed as an Assistant Director of Prosecution,
(3) The Directorate of Prosecution shall be headed by the Director of Prosecution. He/she shall function under the administrative control of the Home Department in the State.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal.
(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years.
(10) 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.
(11) 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.
(12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
Explanation: Directorate Of Prosecution
This section establishes a structure for the prosecution of criminal cases within a state. It outlines the establishment of a Directorate of Prosecution, consisting of a Director, Deputy Directors, and Assistant Directors of Prosecution.
- The State Government has the authority to decide the number of Deputy Directors. Additionally, also decide the Assistant Directors in both the State and District Directorates.
- Specific qualifications are outlined for each position:
- Director of Prosecution or Deputy Director of Prosecution: 15 years of practice as an advocate or a Sessions Judge
- Assistant Director of Prosecution: 7 years of practice as an advocate or a Magistrate of the first class.
- The Directorate of Prosecution is headed by the Director, who reports to the Home Department. The hierarchy is clearly defined: Deputy Directors and Assistant Directors report to the Director. The Assistant Directors may report to Deputy Directors.
- Public Prosecutors, both at the High Court and District Court levels, are assigned to specific cases. They must report to the Director or Deputy Director respectively.
- The section defines the specific responsibilities of each level of prosecution. It is from monitoring cases to scrutinizing police reports and ensuring timely proceedings.
Illustration: Directorate Of Prosecution
Imagine a case involving a crime that carries a punishment of 12 years of imprisonment. The Director of Prosecution would be responsible for monitoring this case. This ensures it is efficiently handled. Additionally, provided an opinion on whether an appeal should be filed if the accused is found guilty.
Common Questions and Answers:
Q1: Who is ultimately responsible for the prosecution of a criminal case?
A: The Director of Prosecution has overall oversight. But the specific responsibilities are delegated to Deputy Directors and Assistant Directors. This is based on the severity of the crime.
Q2: How is the Directorate of Prosecution organized?
A: It is a hierarchical system with the Director at the top, followed by Deputy Directors and then Assistant Directors. Public Prosecutors working on specific cases report to the appropriate level within the Directorate.
Q3: What are the qualifications required to be a Director of Prosecution?
A: An individual must have at least 15 years of experience as an advocate. They must also have held the position of a Sessions Judge.
