Question

Consider the following statements regarding the appointment of Public Prosecutors :

1. The State Government shall appoint a Public Prosecutor for every district and may appoint one or more Additional Public Prosecutors for that district.
2. Where a regular Cadre of Prosecuting Officers exists, the State Government is bound to appoint the Public Prosecutor only from such cadre, unless no suitable person is available therein.
3. A person can be appointed as a Public Prosecutor for a district even if his name does not appear in the panel prepared by the District Magistrate, irrespective of the existence of a regular cadre.

• A. (i) and (ii) only
• B. (ii) and (iii) only
• C. (i) and (iii) only
• D. (i), (ii) and (iii)

Answer 1

Answer:

A. (i) and (ii) only

• Section 24 of the Code of Criminal Procedure (CrPC) governs the appointment of Public Prosecutors (now corresponding to Section 18 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023):

  • Statement (i) is correct: The State Government shall appoint a Public Prosecutor for every district and may also appoint one or more Additional Public Prosecutors.

  • Statement (ii) is correct: Where a regular cadre of prosecuting officers exists, the State Government can only appoint a Public Prosecutor from that cadre, unless no suitable person is available within it.

  • Statement (iii) is incorrect: A person cannot be appointed as a District Public Prosecutor if their name is not included in the panel prepared by the District Magistrate in consultation with the Sessions Judge (unless a regular cadre of prosecuting officers exists).

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