POCSO Act Section 32 — Special Public Prosecutors

CHAPTER VII SPECIAL COURTS

Criminal

Summary

Sub-section (1) requires the State Government to appoint, through an official notification in the Official Gazette, a Special Public Prosecutor for every Special Court. This prosecutor is meant to handle cases only under the provisions of this Act.

Sub-section (2) sets the eligibility condition for appointment as a Special Public Prosecutor. A person qualifies for this role only if they have been practising as an advocate for at least seven years.

Sub-section (3) states that every person appointed as a Special Public Prosecutor under this section is considered a Public Prosecutor as defined in clause (u) of section 2 of the Code of Criminal Procedure, 1973. The provisions of that Code apply to them accordingly.

Official Text

(1) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act.

(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate.

(3) Every person appointed as 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 of Criminal Procedure, 1973 (2 of 1974)and provision of that Code shall have effect accordingly.

Referred to by

POCSO Act §2 — Definitions

Related Judgments

MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
ABDUL KARIM vs STATE OF KARNATAKA AND ORS — Supreme Court of India (2000)