Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 19: Assistant Public Prosecutors
The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
The 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.
Without prejudice to provisions contained in sub-sections (1) and (2), 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 after giving notice of fourteen days to the State Government: Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—
- (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
- (b) is below the rank of Inspector.
Brefe Detail
Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the appointment of Assistant Public Prosecutors. It mandates that the State Government appoints at least one Assistant Public Prosecutor in every district to handle prosecutions in the Courts of Magistrates. The Central Government has similar powers to appoint Assistant Public Prosecutors for specific cases. Additionally, if no Assistant Public Prosecutor is available, the District Magistrate can appoint someone else after notifying the State Government. However, police officers involved in the investigation or those below the rank of Inspector are not eligible for this role.
Question & Answers
Who appoints Assistant Public Prosecutors in each district?
The State Government appoints one or more Assistant Public Prosecutors in every district.
Can the Central Government appoint Assistant Public Prosecutors?
Yes, the Central Government may appoint Assistant Public Prosecutors for conducting specific cases or classes of cases in the Courts of Magistrates.
What happens if no Assistant Public Prosecutor is available for a particular case?
The District Magistrate may appoint another person as the Assistant Public Prosecutor after giving fourteen days' notice to the State Government.
Are police officers eligible to be appointed as Assistant Public Prosecutors?
No, police officers are not eligible if they have taken part in the investigation of the offence or if they are below the rank of Inspector.
Example
- Appointment of Assistant Public Prosecutors: In District A, the State Government appoints three Assistant Public Prosecutors to handle various cases in the Magistrate's Court.
- Central Government Appointment: The Central Government appoints an Assistant Public Prosecutor to oversee cases related to narcotics in District B.
- Appointment in Absence: In District C, due to the unavailability of any Assistant Public Prosecutor, the District Magistrate appoints a local lawyer after notifying the State Government.
Summary
Section 19 emphasizes the role of Assistant Public Prosecutors in the legal framework, detailing the appointment process by both the State and Central Governments. It highlights the conditions under which alternative appointments can be made and sets restrictions on the eligibility of police officers for the role.
