BNSS Section 19 — Assistant Public Prosecutors

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Criminal

Summary

The State Government must appoint one or more Assistant Public Prosecutors in every district to handle cases in Magistrates' Courts. The Central Government can also appoint Assistant Public Prosecutors to handle specific cases or types of cases in those courts. If no Assistant Public Prosecutor is available for a particular case, the District Magistrate may appoint someone else to handle that case, but must give the State Government fourteen days' notice first. However, a police officer cannot be appointed as an Assistant Public Prosecutor if they were involved in investigating the case or if they are below the rank of Inspector.

Official Text

(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

(2) 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.

(3) Without prejudice to provisions contained in sub-sections

(1) and (2), 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 after giving notice of fourteen days to the State Government:

Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—

(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

(b) is below the rank of Inspector.

Related Judgments

  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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