- 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 Prosecutor, 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.
- 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.
- 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. - 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 Prosecutor or Additional Public Prosecutors for the district.
- 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 me District Magistrate under Sub-Section (4).
- 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).
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. - 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.
- 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.
Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section. - 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 Prosecutor 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.
Simplified Explanation:
Section 24 of the Code of Criminal Procedure (CrPC), 1973, deals with appointing Public Prosecutors and Additional Public Prosecutors in the courts. It outlines the process and criteria for these appointments, emphasizing the role of Public Prosecutors in the criminal justice system. Here’s a detailed explanation:
Appointment of Public Prosecutors:
- For every High Court, the Central or State Government appoints a Public Prosecutor and may also appoint one or more Additional Public Prosecutors.
- For districts and metropolitan areas, the State Government appoints Public Procurators and may appoint Additional Public Procurators to conduct prosecutions in the Courts of Session and the Metropolitan Courts, respectively.
Consultation with the High Court:
- The appointment of a Public Prosecutor or an Additional Public Prosecutor for a High Court must be made in consultation with the High Court itself.
- Similarly, the appointment of a Public Prosecutor or an Additional Public Prosecutor for a district must be made in consultation with the District Magistrate (in the case of a district) or with the High Court (in the case of a metropolitan area).
Qualifications and Experience:
- The section specifies that a person is only eligible for appointment as a Public Prosecutor or an Additional Public Prosecutor if they have been in practice as an advocate for at least seven years. This requirement ensures that the appointed individuals have substantial legal experience and expertise.
Tenure:
- While the section does not directly specify the tenure of Public Prosecutors in the CrPC, it indicates that appointments are subject to the provisions of the law governing such appointments. Usually, the terms and conditions, including the tenure of their appointment, are detailed in the respective State’s laws or the rules framed under the CrPC.
Objective and Significance:
- Public Prosecutors play a crucial role in the criminal justice system, representing the interests of the State or the government in criminal proceedings. They are responsible for presenting evidence to prosecute accused persons in criminal cases.
- The criteria and process for their appointment ensure that only qualified and experienced legal practitioners undertake this critical role, contributing to the fairness and effectiveness of the criminal justice process.
Independence:
- The consultation with the High Court or District Magistrate in the appointment process is intended to maintain the independence of the Public Prosecutors, ensuring that they can perform their duties without undue influence.
Section 24 of the CrPC thus lays down a structured framework for appointing Public Prosecutors, ensuring that the criminal justice system is served by experienced and competent legal professionals who uphold the law and ensure that justice is delivered efficiently and impartially.
