Section Text
(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 AMENDMENTS
2 Orissa:
In sub-section (2) of section 25, 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 Prosecutor through police officers."
3 Uttar Pradesh:
In sub-section (2) of section 25, the following proviso shall be inserted and be deemed always to have been inserted, namely:--
"Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers."
4 West Bengal:
For sub-section (3) of section 25, the following sub-section shall be substituted, namely:--
"(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case.--
(a) where the case is before the Court of Judicial Magistrate in any area in a sub-division, wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or
(b) where the case is before the Court of a Judicial Magistrate in any area in a subdivision, other than the sub-division referred to in clause (a), wherein the headquarters of the sub-divisional Magistrate are situated, by the sub-divisional Magistrate; or
(c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by a local officer (other than a police officer) specially authorised by the District Magistrate in this behalf.
Explanation.--For the purposes of this sub-section,--
(i) "advocate" shall have the same meaning as in the Advocates Act, 1961 (5 of 1961);
(ii) "local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b).
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1. Inserted by Act 45 of 1978, Section 9 (w.e.f. 18-12-1978).
2. Vide Orissa Act 6 of 1995 (w.e.f. 10-3-1995).
3. Vide U.P. Act 16 of 1976, Section 5 (w.e.f. 30-4-1976).
4. Vide W. B. Act 17 of 1985, Section 3.