Code
(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
1[(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.]
(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
(3) 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–
(a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
(b) if he is below the rank of Inspector.
STATE AMENDMENT
Orissa
Amendment of section 25.–In section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code), to sub-section (2), the following proviso shall be inserted, namely:–
“Provided that nothing in this sub-section shall be construed, to prohibit the State Government from exercising its control over Assistant Public Prosecutors through police officers.”
[Vide Orissa Act 6 of 1995, s. 2]
Explanation
This section empowers the State Government to appoint Assistant Public Prosecutors (APPs) to assist the Public Prosecutor (PP) in conducting criminal trials. The APPs are subordinate to the PP and perform their duties under the PP’s guidance.
The key provisions of Section 25 CrPC are:
- The State Government has the power to appoint APPs for any area or court.
- APPs are appointed by the State Government, usually on a contractual basis.
- APPs are responsible for assisting the PP in conducting criminal trials, including presenting evidence, arguing legal points, and examining witnesses.
- APPs can also be entrusted with other duties assigned by the PP.
Illustration
Imagine a case where a person is accused of theft. The PP is responsible for prosecuting the accused on behalf of the State. However, due to the workload, the PP may not have enough time to handle all aspects of the case. In such a scenario, the State Government can appoint an APP to assist the PP. The APP would then help the PP in preparing the case, examining witnesses, and arguing legal points during the trial.
Common Questions and Answers
Q: Who appoints Assistant Public Prosecutors?
A: The State Government appoints Assistant Public Prosecutors.
Q: What are the qualifications required to be an APP?
A: The qualifications for APPs may vary depending on the State. Generally, a law degree and experience in criminal law are required.
Q: What are the duties of an APP?
A: APPs assist the Public Prosecutor in conducting criminal trials. Their duties include presenting evidence, examining witnesses, and arguing legal points.
Q: What is the difference between a Public Prosecutor and an Assistant Public Prosecutor?
A: The Public Prosecutor is the head of the prosecution team and is responsible for overall supervision of criminal trials. Assistant Public Prosecutors are subordinate to the PP and assist them in conducting specific cases.
