CrPC Section 25 — Assistant Public prosecutors

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

General

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. 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.

Referred to by

Related Judgments

  • MUKUL DALAL ETC. ETC. vs UNION OF INDIA & ORS. ETC. ETC — Supreme Court of India (1988)
  • DEEPAK AGGARWAL vs KESHAV KAUSHIK AND OTHERS — Supreme Court of India (2013)
  • K. ANBAZHAGAN vs STATE OF KARNATAKAAND OTHERS — Supreme Court of India (2015)
  • RABINDRA KUMAR NAYAK vs COLLECTOR, MAYURBHANJ, ORISSA AND ORS — Supreme Court of India (1999)
  • K. ANBAZHAGAN vs STATE OF KARNATAKA& ORS — Supreme Court of India (2015)
  • Sunanda Bhimrao Chaware & Ors. vs The High Court of Judicature at Bombay — Bombay High Court (Mumbai Principal Seat) (2012)

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