- The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the Courts of Magistrates.
1A. 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. - Save as otherwise provided in Sub-Section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
- 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-
- if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
- if he is below the rank of Inspector
Simplified Explanation:
Section 25 of the Code of Criminal Procedure (CrPC), 1973, outlines the provisions for appointing Assistant Public Prosecutors (APPs) in India. This section specifies how APPs are appointed and their role in the prosecution process, particularly in lower courts. Here’s a breakdown of its key components:
Appointment of Assistant Public Prosecutors:
The State Government is responsible for appointing Assistant Public Procurators to conduct prosecutions in Magistrate Courts. Unlike Public Procurators, who generally handle cases in higher courts such as the Sessions Court and High Court, Assistant Public Procurators primarily operate in Magistrate courts.
Tenure and Conditions:
Section 25 specifies that the appointment of Assistant Public Prosecutors is subject to the provisions of any law relating to the conditions of service of public servants. This implies that their appointment, tenure, and working conditions may be governed by broader public service rules applicable in the respective state or under specific laws.
Role and Significance:
Assistant Public Prosecutors play a crucial role in the criminal justice system, representing the state or government in proceedings before the Magistrate courts. They are responsible for presenting evidence against the accused and conducting the prosecution on behalf of the state.
Their role is pivotal in ensuring justice is served, particularly in the initial stages of the criminal justice process, where many cases are resolved or decided.
Appointment Criteria:
While Section 25 does not explicitly detail the qualifications for the appointment of Assistant Public Prosecutors, these criteria are typically specified in other legal provisions or regulations the State Government sets. Qualifications include a law degree and a certain number of years of practice or experience in the legal field.
Objective:
The objective behind appointing Assistant Public Prosecutors is to ensure that prosecutions in Magistrate courts are conducted efficiently and effectively by qualified legal professionals. This helps in the orderly administration of justice, the proper conduct of trials, and uphold legal standards and procedures.
Special Provision for Police Officers:
In certain circumstances, police officers can be authorized to act as Assistant Public Prosecutors; however, this is generally subject to limitations and conditions specified by the State Government.
Section 25 of the CrPC thus establishes the framework for appointing Assistant Public Prosecutors, ensuring that the lower courts have the necessary legal expertise to conduct prosecutions, uphold justice, and efficiently manage the workload of criminal cases.
