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Union of India - Section

Section 25 in The Code of Criminal Procedure, 1973

25. Assistant Public Prosecutors.

(1)The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.[(1-A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class or cases in the Courts of Magistrates.] [Inserted by Act 45 of 1978, Section 9, w.e.f. 18.12.1978.]
(2)Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
(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.
(2)A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practising as an the concurrence of the Chief Justice of the High Court.
(3)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.
(4)Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5)Every Public Prosecutor, Additional Public Prosecutor and 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.
(6)Every Public Prosecutor, Additional Public Prosecutor and 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 the District Court and every Assistant Public Prosecutor appointed under sub-section 1 of Section 25 shall be subordinate to the Deputy Director of Prosecutor.
(7)The powers and functions of the Directors of Prosecution and the Deputy Director 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,
(8)The provisions of Section shall not apply to the Advocate General of the State while performing the functions of a Public Prosecutor.] [Inserted by Act 25 of 2005, Section 4 (w.e.f. 23.6.2006).]