Public Prosecutors :
Section – 24 . (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.
(2) The Central Government may appoint one or more Public Prosecutors, for the purpose of conducting any case or class of cases in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district :
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor, or an Additional Public Prosecutor, as the case may be, for another district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre :
Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).
1[Explanation.—For the purposes of this sub-section,—
| (a) | “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post; | |
| (b) | “Prosecuting Officer” means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.] |
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor :
1[Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.]
(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prose-cutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.
STATE AMENDMENTS
BIHAR
■ Section 24(6)
Sub-section (6), substitute the following :
“(6) Notwithstanding anything contained in sub-section (5) wherein a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a public prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre.”—Vide Act No. 16 of 1984.
HARYANA
■ Section 24(6)
Add the following Explanation to sub-section (6) :
“Explanation : For the purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular cadre of prosecuting officers.”—Vide Act No. 14 of 1985.
KARNATAKA
■ Sub-section (1)
– Omit the words and punctuation mark “or the State Government shall”,
– For the words “appoint a Public Prosecutor” substitute the words “or the State Government shall appoint a Public Prosecutor”—Vide Act No. 20 of 1982.
MADHYA PRADESH
■ Sub-section (6)
– For the words, brackets and figure “Notwithstanding anything contained in sub-section (5)”, the words, brackets, letter and figures “Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6A)” shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978.—Vide M.P. Act No. 21 of 1995.
■ Sub-section (6A)
– After sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978, namely :—
“(6A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section.”—Vide M.P. Act No. 21 of 1995.
■ Sub-section (7)
– After the words, bracket and figure “sub-section (6)” the words, brackets, figure and letter “or sub-section (6A)” shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978.—Vide M.P. Act No. 21 of 1995.
■ Sub-section (9)
– For the words, brackets and figure “sub-section (7)”, the words, brackets, figures and letter “sub-section (6A) and sub-section (7)” shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978.—Vide M.P. Act No. 21 of 1995.
MAHARASHTRA
■ Sub-section (1)
The words “after consultation with the High Court” shall be deleted.
■ Sub-section (4)
For the words “in consultation with the Sessions Judge”, substitute the words “with the approval of the State Government,”—Vide Maharashtra Act No. 34 of 1981.
RAJASTHAN
■ Sub-section (6)
Sub-section (6) is to be read as under :
“(6) Notwithstanding anything contained in sub-section (5), wherein a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre.”—Vide Rajasthan Act No. 1 of 1981.
TAMIL NADU
■ Sub-section (6)
After the expression “sub-section (5)”, insert “but subject to the provisions of sub-section (6A)”.
■ Sub-section (6A)
After sub-section (6), insert the following sub-section :
“(6A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section.”
■ Sub-section (7)
After the expression “sub-section(6)” insert “or sub-section (6A)”—Vide Tamil Nadu Act No. 42 of 1980.
UTTAR PRADESH
■ Sub-section (1)
After the words “Public Prosecutor”, insert the words “and one or more Additional Public Prosecutors”.—Vide Uttar Pradesh Act No. 33 of 1978.
The words “after consultations with the High Court” shall be omitted – Vide Uttar Pradesh Act No. 18 of 1991
■ Sub-sections (4)/(5)/(6)
Sub-sections (4), (5) and (6) shall be omitted—Vide Uttar Pradesh Act No. 18 of 1991
■ Sub-section (7)
The words “or sub-section (6)” shall be omitted—Vide Uttar Pradesh Act No. 18 of 1991.
WEST BENGAL
■ Sub-section (6)
In sub-section (6) of section 24 for the words “shall appoint a Public Prosecutor or an Additional Public Prosecutor only”, the words “may also appoint a Public Prosecutor or an Additional Public Prosecutor” shall be substituted.—Vide West Bengal Act No. 26 of 1990.
■ Sub-section (6), proviso
The proviso shall be omitted – Vide Act No. 25 of 1992.