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Code of Criminal Procedure, 1973 Section 24

Title: Public Prosecutors

State: Central

Year: 1973

.....may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such Cadre." 3 Haryana: To sub-section (6) of section 24, the following Explanation shall be added, namely:-- "Explanation.--For the purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular Cadre of Prosecuting Officers," 4 Karnataka: In section 24, in sub-section (1),-- (i) the words "or the State Government shall", shall be omitted; and (ii) for the words "appoint a Public Prosecutor" the words "or the State Government shall appoint a Public Prosecutor" shall be substituted. 5 Madhya Pradesh: In section 24,- (i) in sub-section (6), for the words, 'brackets and figure "Notwithstanding anything contained in sub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978; (ii) after sub-section (6), the following.....

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Prevention of Terrorism Act, 2002 [Repealed] Section 28

Title: Public Prosecutors

State: Central

Year: 2002

(1) For every Special Court, the Central Government or, as the case may be, the State Government, shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government or, as the case may be, the State Government, may also appoint for any case or class or group of cases, a Special Public Prosecutor. (2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.

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National Investigation Agency Act 2008 Section 15

Title: Public Prosecutors

State: Central

Year: 2008

(1) The Central Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government may also appoint for any case or class or group of cases a Special Public Prosecutor. (2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.

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Terrorist Affected Areas (Special Courts) Act, 1984 Section 9

Title: Public Prosecutors

State: Central

Year: 1984

(1) For every Special Court, the Central Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government may also appoint for any case or class of cases a Special Public Prosecutor. (2) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section only if he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law, (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (ii) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.

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Terrorist and Disruptive Activities (Prevention) Act, 1987 [Repealed] Section 13

Title: Public Prosecutor

State: Central

Year: 1987

(1) For every Designated Court, the Central Government or, as the case may be the State Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government or, as the case may be, the State Government may also appoint for any case or class or group of cases a Special Public Prosecutor. (2) A Person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. (3) Every person appointed as a Public Prosecutor or an Additional, Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of Cl. (g) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.

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Control of Organized Crimes Acts, 2000 Section 8

Title: Public Prosecutor

State: Karnataka

Year: 2000

(1) For every Special court, the State Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the State Government may also appoint for any case or group of cases, a Special Public Prosecutor. (2) A person shall not be qualified to be appointed as a Public Prosecutor, an Additional Public Prosecutor or a Special Public Prosecutor unless he has been in practice as an Advocate for not less than ten years. (3) Every person appointed as a Public Prosecutor or Additional Public Prosecutor or Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.

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Code of Criminal Procedure, 1973 Section 25

Title: Assistant Public Prosecutors

State: Central

Year: 1973

.....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.....

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Code of Criminal Procedure, 1973 Section 301

Title: Appearance by Public Prosecutors

State: Central

Year: 1973

.....Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. STATE AMENDMENT 1West Bengal: In section 301, for sub-section (1), the following shall be substituted:- "(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry or trial." _____________________ 1. Vide West Bengal Act 26 of 1990 section 4.

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Food Safety and Standards Act, 2006 Section 74

Title: Special Courts and Public Prosecutor

State: Central

Year: 2006

.....abeyance. (4) For every Special Court, the Central Government or the State Government, as the case may be, shall appoint a person to be the Public Prosecutor and may appoint more than one person to be the Additional Public Prosecutors: Provided that the Central Government or the State Government, as the case may be, may also appoint for any case or class or group of cases, a Special Public Prosecutor. (5) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law.

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Companies Act, 1956 Section 624A

Title: Power of Central Government to Appoint Company Prosecutors

State: Central

Year: 1956

1 [624A. Power of Central Government to appoint company prosecutors Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898)2 the Central Government may appoint generally or in any case, or for any specified class of cases in any local area, one or more persons, as company prosecutors for the conduct of prosecutions arising out of this Act; and the persons so appointed as company prosecutors shall have all the powers and privileges conferred by that Code3 on public prosecutors appointed by a State Government under section 492 of that Code.] _________________________ 1. Inserted by Act 65 of 1960, Section 203 (w.e.f. 28-12-1960). 2. See now the Code of Criminal Procedure, 1973 (2 of 1974). 3. See now the Code of Criminal Procedure, 1973 (2 of 1974), section 24.

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