Public Prosecutors - Section 18 BNSS Appointment & Eligibility

The Public Prosecutor is a key officer of the criminal justice system who represents the State in criminal proceedings. Criminal law regards offences as wrongs against society as a whole; therefore, prosecution of offenders is not left to private individuals but is undertaken by the State.

A Public Prosecutor acts as the legal representative of the Government and conducts trials, appeals, and other criminal proceedings in courts on behalf of the State.

The role of a Public Prosecutor is not merely to secure conviction, but to assist the court in arriving at the truth. He is an independent statutory authority who must conduct the prosecution fairly, impartially and in accordance with law. His duty is to uphold justice, protect the rights of the victim, and ensure fair trial for the accused.

Section 18 deals with appointment of:

• Public Prosecutor (PP)
• Additional Public Prosecutor (APP)
• Special Public Prosecutor (SPP)

at :

• High Court level
• District level
• Case-specific appointments

Appointment of Public Prosecutor - Section 18

1. High Court level :
   
   
   • 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.
   
   
2. District level :
   
   
   • The Central Government may appoint one or more Public Prosecutors.
   • While the State Government shall appoint a Public Prosecutor (PP) and may also appoint one or more Additional Public Prosecutors (APP) for the District.
   • Same Public Prosecutor or Additional Public Prosecutor for multiple districts is permitted.


3. Case-specific appointments - S. 18(8)
   
   
   • The Central Government or the State Government may appoint, for the purposes of any case or class of cases a Special Public Prosecutor (SPP).
   • The court may allow the victim to appoint his own advocate to assist SPP.
   
   

Minimum eligibility to be appointed as PP or APP
● Practice as an advocate for not less than seven years.

Minimum eligibility to be appointed as SPP
● Practice as an advocate for not less than ten years.

Computation of Experience as an advocate
Experience counted includes:
● Time spent as advocate as well as,
● Time served as PP, APP, Assistant PP, or Prosecuting Officer.
(Service in prosecution counts as legal experience).

Additional requirements for appointment as Public or Additional Public Prosecutor in district :

A. State which has no regular cadre of Public Prosecutors
➔ The State Government cannot appoint anyone as PP/APP unless his name is on the District Magistrate panel (DM Panel) which is prepared by him in consultation with the Sessions Judge.

B. State which has a regular cadre of Public Prosecutors
➔ PP/APP must be appointed from Cadre.
➔ Exception : If no suitable person is available, an appointment may be made from the DM's panel.

Meaning of “Regular Cadre of Prosecuting Officers”:
A dedicated and permanent government service/cadre of prosecutors created by the State, which includes the post of Public Prosecutor and provides promotion from Assistant Public Prosecutor to PP.

Most states have a regular cadre of Prosecuting Officers. However, in some North-Eastern states, smaller UTs there is no permanent prosecution service.

Assistant Public Prosecutors - Section 19

Assistant Public Prosecutors are appointed in Magistrate Courts. Section 19 lays down who appoints APPs and when other persons may be authorised to act as APP in Magistrate Courts.

Appointment of Assistant Public Prosecutor
● By State Government - Mandatorily for conducting prosecution
● By Central Government - Centre may appoint APPs only for specific case/cases.

Emergency Appointment Rule : Where no Assistant Public Prosecutor is available
● The District Magistrate may appoint another person as Assistant Public Prosecutor for that case.
● The District Magistrate must give 14 days' notice to the State Government.
● Appointment is case-specific and temporary in nature.
● This ensures prosecution is never delayed.

Restrictions on Police Officers to be appointed as Assistant Public Prosecutor
A police officer cannot be appointed as APP if he:
● Has participated in the investigation, or
● Is below the rank of Inspector.

Directorate of Prosecution - Section 20

The Directorate of Prosecution is a specialised institutional mechanism created to organise, supervise and strengthen the prosecution system in the State. It represents the shift from an individual-based prosecution model to an organised and professionally managed prosecution service. The purpose of the Directorate is to ensure effective, efficient and fair representation of the State in criminal proceedings, and to provide a clear chain of command, accountability, monitoring, and coordination between different levels of prosecutors.

The Directorate is headed by the Director of Prosecution, with Deputy Directors and Assistant Directors working at State and District levels. It functions under the administrative control of the State Government and is responsible for scrutinising cases, supervising Public Prosecutors, Assistant Public Prosecutors and Special Public Prosecutors, and monitoring serious criminal matters. This institutional framework enhances the quality of criminal prosecution, ensures timely disposal of cases, and contributes to the proper administration of criminal justice.

Establishment of Directorate of Prosecution

The State Government may establish:
A) State Directorate of Prosecution
➔ Consisting of Director of Prosecution and Deputy Directors of Prosecution.
B) District Directorate of Prosecution (for every district)
➔ Consisting of Deputy Directors of Prosecution and Assistant Directors of Prosecution.

Eligibility:
Director & Deputy Director - 15 years’ experience as advocate, or must be/has been a Sessions Judge.
Assistant Director - 7 years’ experience as advocate, or has been a Judicial Magistrate First Class.

Functions of Director, Deputy Director and Assistant Director of Prosecution

A. Director of Prosecution
Monitor cases where punishment is :
● 10 years or more, or
● Life imprisonment, or
● Death.

B. Deputy Director of Prosecution
Monitor cases where punishment is:
● Punishable for 7 years or more, but less than 10 years.

C. Assistant Director of Prosecution
Monitor cases where punishment is:
● less than 7 years.