Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 14] [Section 25] [Entire Act]

Union of India - Subsection

Section 25(3) in The Code of Criminal Procedure, 1973

(3)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 :Provided that a police officer shall not be so appointed -
(a)if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
(b)if he is below the rank of Inspector.
ORISSA.- In Section 25, sub-section(2), the following proviso shall be inserted, namely -"Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through Police Officers. [Vide Orissa Act 6 of 1995, Section 2, w.e.f. 10.3.1995].UTTAR PRADESH.- In Section 25 sub-section (2) the following proviso shall be inserted and be deemed always to have been inserted, namely :"Provided that nothing in this sub section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers." [U.P. Act No. 16 of 1976, Section 5 w.e.f 30.4.1976].WEST BENGAL .- For sub-section (3) of section 25 following sub-section shall be substituted:(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case, -(a) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or(b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other than the Sub-Division referred to in clause (a), wherein the headquarters of the Sub-Divisional Magistrate are situated, by the Sub-Divisional Magistrate; or(c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by a local officer (other than a police officer) specifically authorised by the District Magistrate in this behalf.Explanation. - For the purposes of this sub-section, -(i) "Advocate" shall have the same meaning as in the Advocates Act, 1961;(ii) "local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b)." [West Bengal Act No. 17 of 1985, Section 3
[25-A. Directorate of Prosecution. - (1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fir.