- 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.
- A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only 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.
- The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.
- Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
- Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Sub-Section (1), or as the case may be, Sub-Section (8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
- Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Sub-Section (3), or as the case may be, Sub-Section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under Sub-Section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution.
- 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.
- The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
Simplified Explanation:
Section 25A of the Code of Criminal Procedure (CrPC), 1973, was introduced to establish a centralized agency or directorate for state prosecution services. This section aims to streamline and strengthen the prosecution process by ensuring better coordination, efficiency, and oversight of the prosecution services across the state. Here’s a detailed breakdown of its key components:
Establishment of Directorate of Prosecution:
The section mandates the establishment of a Directorate of Prosecution in every state. This directorate is responsible for administering prosecution services throughout the state and providing a unified and organized structure for managing prosecution-related activities.
Head of the Directorate:
The Directorate of Prosecution is headed by a Director of Prosecution, an officer of the state government. A person typically fills this position with considerable experience and expertise in law and prosecution.
Appointment and Qualifications:
The state government appoints the Director of Prosecution. While the section does not specify the qualifications for this position, it implies that the appointee should have a background in law and sufficient experience in prosecution or legal affairs to oversee the directorate’s functions effectively.
Function and Role:
The primary function of the Directorate of Prosecution is to oversee prosecution services across the state and ensure that they operate efficiently and effectively. This includes coordinating with various public prosecutors and assistant public prosecutors, managing case preparations, and ensuring that prosecutions are conducted in a timely and effective manner.
The directorate serves as a central point for policy formulation, training, and guidance on prosecution matters. It aims to enhance the quality of prosecutions and contribute to the fair administration of justice.
Objective and Significance:
Section 25A aims to professionalize and enhance the efficiency of prosecution services by providing a centralized structure for their administration. By doing so, it seeks to improve the criminal justice system’s effectiveness, reduce delays in the prosecution process, and ensure a consistent standard of prosecution across the state.
Establishing the Directorate of Prosecution helps ensure accountability, better resource management, and the professional development of prosecution staff, thereby contributing to the overall effectiveness of the legal and judicial system.
Section 25A of the CrPC reflects an effort to strengthen the prosecution mechanism within the states, acknowledging the critical role that efficient and effective prosecution services play in the administration of justice. By creating a centralized directorate, the section aims to ensure better coordination, standardization, and improvement in the quality of prosecution services across the state.
