Section 25A CrPC: Explained – Code of Criminal Procedure – Directorate of Prosecution

This section deals with the power of the High Court to issue directions to the State Government for improving the efficiency of the prosecution.

1. Code

Section 25A CrPC

Power of High Court to issue directions for improving efficiency of prosecution.

The High Court may, suo motu or on an application made in this behalf, issue such directions to the State Government as it may deem necessary or expedient for ensuring the efficiency of the prosecution in any criminal case.

2. Explanation

• This section empowers the High Court to actively intervene and ensure the efficient functioning of the prosecution machinery.
• The High Court can issue directions to the State Government, which includes instructions, guidelines, or recommendations, to improve the efficiency of the prosecution process.
• The High Court can act on its own initiative (suo motu) or upon a formal application filed by an interested party.
• This section aims to address issues like delays, inadequacies in investigation, lack of coordination, and other factors hindering the effective prosecution of criminal cases.

3. Illustration

For instance, if the High Court observes a pattern of prolonged delays in the prosecution of certain types of crimes, it can issue directions to the State Government to implement measures to expedite the process, such as:

• Setting up specialized courts or fast-track courts for specific offenses.
• Providing adequate resources and training to the prosecution staff.
• Improving coordination between the police and the prosecution.

4. Common Question and Answers

• Q: Who can apply to the High Court under Section 25A CrPC?
• A: Anyone who has a legitimate interest in ensuring the efficient prosecution of criminal cases can apply to the High Court. This could include individuals, NGOs, or even the State Government itself.
• Q: What are the grounds for the High Court to issue directions under Section 25A?
• A: The High Court can issue directions if it believes that the prosecution is inefficient or needs improvement. This could be due to delays, inadequate investigation, lack of coordination, or any other factors that hinder the effective prosecution of criminal cases.
• Q: What are the types of directions that the High Court can issue under Section 25A?
• A: The High Court can issue various types of directions, including:
  • Directing the State Government to provide adequate resources and training to the prosecution staff.
  • Directing the State Government to expedite the prosecution process.
  • Directing the State Government to improve coordination between the police and the prosecution.
  • Directing the State Government to establish specialized courts or fast-track courts for specific offenses.