Jan 25, 2018
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Directorate of Prosecution

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Section 25A : Directorate of Prosecution

Assistant Public Prosecutors (Section 25)

The State Government shall appoint one or more Assistant Public Prosecutor in every district. Assistant Public prosecutor appointed for conducting prosecutions in the Courts of Magistrates.  The Central Government may also appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. Police officer not eligible for appointment as as an Assistant Public Prosecutor.

Where no Assistant Public Prosecutor available for the purposes of any particular case. The District Magistrate may appoint any other person as the Assistant Public Prosecutor for taking in charge of that case. Provided that a police officer not so appointed-

  1. if he has taken any part in the investigation into the offence with respect to which the accused prosecuted; or
  2. also if he is below the rank of Inspector

Directorate of Prosecution (section 25A)

The State Government may establish Directorate of Prosecution consisting of one or more Director of Prosecution as it thinks fit.

  1. A person eligible for appointment as a Director of Prosecution or a Deputy Director of Prosecution. Only if he practicing as an advocate for not less than ten years. Such appointment shall also made with recommendation of the Chief Justice of the High Court.
  2. The Head of the Directorate of Prosecution shall be the Director of Prosecution. Who shall function under the administrative control of the Head of the Home Department in the State.
  3. Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
  4. Public Prosecutors, Additional Public Prosecutor and also Special Public Prosecutor appointed by the State Government under Sub-Section (1), or as the case may be, Sub-Section (8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
  5. Every Public Prosecutor, Additional Public Prosecutor and also Special Public Prosecutor appointed by the State Government under Sub-Section (3), or as the case may be, Sub-Section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under Sub-Section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution.
  6. The powers and functions of the Director of Prosecution and also the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.
  7. The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

 

Article Categories:
Criminal law

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