Learning the Entire CrPC in Hind - Section 24, 25, 25A Public Prosecutor

Public Prosecutors
Section 24, 25 & 25A
S 2 (u) “Public Prosecutor” means any person appointed under section 24, and
includes any person acting under the directions of a Public Prosecutor;
Counsel for the State.
Conducts prosecution on behalf of the state
301 - PP can appear before any court entrusted to him by the Gov
321 - With consent of the Court, PP can withdraw from prosecution of any
person
PP, APP, Spcl PP → Conduct Prosecution in HC & CoS
Assistant PP → Court of Magistrate
Generally, work on direction of Police
Public Prosecutor & addn. PP for High Courts
Ss 24 {1, 7, 8, 9}
● Appointment of PP/Addn. PP - 24(1)
○ By CG
○ By SG
● Appointment only after consultation with High Court 24(1)
● Eligibility - 24(7)
● Special Public Prosecutor - 24(8)
PP & Addn. PP for districts
24 {2, 3, 4, 5, 6, 7}
● Rules regarding Appointment - 24(4, 5 & 6)
● (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.

● Eligibility - 24(7)
● Special Public Prosecutor - 24(8)
Assistant Public Prosecutor - Section 25
● State Government to appoint
● in every district one or more Assistant Public Prosecutors
● for conducting prosecutions in the Courts of Magistrates
● no police officer shall be eligible to be appointed as an Assistant
Public Prosecutor.
Central Government may appoint one or more Assistant Public Prosecutors
for the purpose of conducting any case or class of cases in the Courts of
Magistrates - 25 1(A)
Where no Assistant Public Prosecutor is available for
the purposes of any particular case - 25(3)
41 LC Report - No legal qualification u/s 25(3)
Directorate of Prosecution - Section 25A
CrPc 2005 Amendment
Hierarchical set up of prosecution system
Director Prosecution
Deputy Directors
Public Prosecutors, Addn. PP, Spcl PP
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 fit.
Appointment Eligibility of Director of Prosecution or a Deputy Director of
Prosecution - 25(2)
if he has been in practice as an advocate for not less than ten years and
such appointment shall be made with the concurrence of the Chief Justice of
the High Court.
Head of the Directorate of Prosecution - 25(3)
Head of the Directorate of Prosecution shall be the Director of Prosecution
functioning 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 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 to conduct cases in District Courts and every Assistant
Public Prosecutor shall be subordinate to the Deputy Director of
Prosecution.
powers and functions of the Director of Prosecution
and the Deputy Directors
(7) The powers and functions of the Director of Prosecution and 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.
(8) The provisions of this section shall not apply to the Advocate
General for the State while performing the functions of a Public
Prosecutor.]

[koushiksarkar]

Aap kuch sub secs. Skip karte hai, parane k time pe.

[kumariarati]

Can I present my gr case in the magistrate court if I am the complainant?