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​ India boasts one of the most effective legal systems in the world, designed to
meet the needs of each and every citizen of the nation. The Indian judicial system is
highly developed, featuring an intricate and protracted court hierarchy. With the Apex
Court at the apex of the pyramid, the legal system is organised hierarchically. The way
the courts are set up makes it possible for someone from a far-off place to come to Court
and have their issues settled.

The police, prosecutors, courts, prison authorities, and correctional services are among
the officials authorised to carry out their responsibilities and execute their powers
under the Bharatiya Nagarik Suraksha Sanhita, 2023. While some of them are
accessories, the involvement of the Court and magistrates is crucial.

SECTION 6: CLASSES OF CRIMINAL COURTS

Besides the High Courts and the Courts constituted under any law, other than this

Sanhita, there shall be, in every State, the following classes of Criminal Courts,
namely—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates [Corresponding Section of CrPC: Sec. 6]

Observation: The Constitution established the Supreme Court of India (Article 124)
and High Courts in each State (Article 214). The Constitution clearly defines the
authorities and powers of these courts, including those pertaining to criminal cases.
Furthermore, the BNSS allows for an appeal to the Supreme Court in specific situations.
It also permits the Supreme Court to transfer cases and appeals from one High Court to
another or from one criminal Court that is subordinate to another High Court to another
criminal court that is subordinate to another High Court in the interests of justice.
Every High Court shall have superintendence over all courts and tribunals across the
regions over which it exercises jurisdiction, according to Article 227 of the Constitution.
The Sanhita additionally stipulates that each High Court must exert supreme authority
over the Judicial Magistrates' courts under its jurisdiction in order to guarantee that the
Magistrates' courts handle matters in a timely and appropriate manner. The Sanhita has
entrusted every High Court with a multitude of responsibilities and authorities,
including those concerning modifications and appeals.

Section 6 of the Sanhita describes the following classes of criminal courts, excluding the
Supreme Court and High courts, namely, Courts of Session, Judicial Magistrates of the
first class, Judicial Magistrates of the second class, and Executive Magistrates.

The phrase "and the courts constituted under any law, other than this Sanhita" would
refer to courts such as the Children’s Courts under the Juvenile Justice (Care and
Protection of Children} Act, “Nyaya Panchayats” or “Panchayati Adalat” constituted
under the different State Panchayati Raj Acts or the special courts created by the
Criminal Law Amendment Acts.

Despite being one of the Courts under Section 6, an Executive Magistrate does not only
perform administrative duties. In Mammoo v. State of Kerala,1 it was held that the
Executive Magistrates' powers under the Sanhita do not always correspond to executive
functions. Under the Sanhita, they also have judicial functions. However, the Executive
Magistrates are confined to performing executive or administrative duties when
operating under laws other than the Sanhita. Likewise, Judicial Magistrates' duties must
only be of a judicial nature when they are called upon to act in accordance with the
requirements of any other legislation except the Sanhita.

Metropolitan areas and Metropolitan Magistrates are no longer classified under Section
6 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

1
AIR 1980 KERALA 18
SECTION 7: TERRITORIAL DIVISIONS

(1) Every State shall be a sessions division or shall consist of sessions divisions, and
every session division shall, for the purposes of this Sanhita, be a district or consist
of districts.
(2) The State Government may, after consultation with the High Court, alter the
limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any
district into sub-divisions and may alter the limits or the number of such
sub-divisions.
(4) The session divisions, districts, and sub-divisions existing in a State at the
commencement of this Sanhita shall be deemed to have been formed under this
section. [Corresponding Section of CrPC: Sec. 7]

Observation: States make up the entirety of India, and the districts and Sessions
Divisions are a State's fundamental territorial divisions for the purposes of the BNSS.
For administrative purposes, whether judicial or not, it is plainly more convenient to
have appropriate territorial units. The needs of the administration would determine the
number and size of these units. For the purposes of this Sanhita, every State shall be a
Sessions Division or shall consist of Sessions Divisions, and every Sessions Division
shall, for the purposes of this Code, be a district or consist of districts. Additionally, the
State Government may subdivide any district into smaller ones and change the
boundaries or number of these subdivisions and districts after consulting with the High
Court.

SECTION 8: COURT OF SESSION

(1) The State Government shall establish a Court of Session for every session
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the
High Court.
(3) The High Court may also appoint Additional Sessions Judges to exercise
jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court
to be also an Additional Sessions Judge of another division, and in such case, he may
sit for the disposal of cases at such place or places in the other division as the High
Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make
arrangements for the disposal of any urgent application which is, or may be, made
or pending before such Court of Session by an Additional Sessions Judge or if there
be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions
division; and every such Judge or Magistrate shall have jurisdiction to deal with any
such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as
the High Court may, by notification, specify; but, if, in any particular case, the Court
of Session is of opinion that it will tend to the general convenience of the parties
and witnesses to hold its sittings at any other place in the sessions division, it may,
with the consent of the prosecution and the accused, sit at that place for the
disposal of the case or the examination of any witness or witnesses therein.
[Corresponding Section of CrPC: Sec. 9]
 (7) The Sessions Judge may, from time to time, make orders consistent with this
Sanhita, as to the distribution of business among such Additional Sessions Judges.

(8) The Sessions Judge may also make provision for the disposal of any urgent
application, in the event of his absence or inability to act, by an Additional Sessions
Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate,
and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any
such application. [Corresponding Section of CrPC: Sec 10(3)]

Explanation—For the purposes of this Sanhita, "appointment" does not include the
first appointment, posting or promotion of a person by the Government to any
Service, or post in connection with the affairs of the Union or of a State, where
under any law, such appointment, posting or promotion is required to be made by
the Government.

Observation: The designation of Assistant Sessions Judge has been omitted by the
BNSS, 2023. For each session division, the State Government is required to create a
Court of Session. Appointed by the High Court, Sessions Judges will oversee each Court
of Session. In order to assist in the exercise of jurisdiction in the Court of Session, the
High Court may also designate Additional Sessions Judges. As directed by the High
Court, a Sessions Judge from one division may be appointed as an Additional Sessions
Judge of another division, enabling him to hear cases in several locations. In the event
that the Sessions Judge's position becomes vacant, the High Court may designate an
Additional Sessions Judge or, in the event that one is not available, the Chief Judicial
Magistrate to attend to any pressing matters pertaining to the Court of Session.
Normally, the High Court designates locations for the Court of Session's proceedings,
but, with permission from the prosecution and the accused, it is permitted to move for
the convenience of the parties and witnesses. Assigning matters to Additional Sessions
Judges is the Sessions Judge's responsibility.
Any urgent concerns may be addressed by an Additional Sessions Judge or, in the event
that none is available, by the Chief Judicial Magistrate in the event that the Sessions
Judge is absent or incapable of handling them. Each will possess the requisite authority
to handle these kinds of requests.
The term "appointment" in this section relates only to the distribution of duties among
the courts; it does not cover the Government's initial appointment to or advancement
within any state or union affairs post.
It was decided in State of Karnataka v. Channabasappa,2 that a Chief Judicial
Magistrate or Civil Judge, although functioning as an acting Sessions Judge, does not
have the authority of a Sessions Court appointed under section 8 of the Sanhita to grant
bail in serious and grave cases.
In Kehar Singh v. State,3 the Delhi High Court's notification enabled the trial of the Smt.
Indira Gandhi murder case to take place in Tihar Jail. As the notification under Section
8(6) amounted to declaring Tihar Jail as a location in addition to Tis Hazari Court in
Delhi, it was decided that the trial conducted in accordance with such notification and
the notification for the Session Court's sittings to be held in Tihar Jail were not illegal.

SECTION 9: COURTS OF JUDICIAL MAGISTRATES

(1) In every district there shall be established as many Courts of Judicial

Magistrates of the first class and of the second class, and at such places, as the State
Government may, after consultation with the High Court, by notification, specify:
Provided that the State Government may, after consultation with the High Court,
establish, for any local area, one or more Special Courts of Judicial Magistrates of
the first class or of the second class to try any particular case or particular class of
cases, and where any such Special Court is established, no other Court of Magistrate
in the local area shall have jurisdiction to try any case or class of cases for the trial
of which such Special Court of Judicial Magistrate has been established.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary,
confer the powers of a Judicial Magistrate of the first class or of the second class on
any member of the Judicial Service of the State, functioning as a Judge in a Civil
Court. [Corresponding Section of CrPC: Sec 11]

2
1992 Kant. HC
3
(1989) Cr. L.J. 1 (S.C.)
Observation: The State Government shall establish in each district as many Courts of
Judicial Magistrates of the First and Second Classes as may be required after conferring
with the High Court. A notification provides the specific locations of these courts.
To address certain instances or specific categories of cases, the State Government may
create Special Courts of Judicial Magistrates of the First or Second Class after contacting
the High Court. No other magistrate's Court in the region could take on the matters
allocated to this Special Court if one of these was established.
The High Court chooses the presiding officers of these Courts.
Any member of the Judicial Service of the State who is functioning as a Civil Court
Judge may be granted the authority of a Judicial Magistrate of the first or second class by
the High Court if it is deemed necessary.
The Supreme Court in Delhi Judicial Service Association v. State of Gujarat,4 held that
the Chief Judicial Magistrate is the head of the Magistracy in the district. He exercises
control and supervision over the investigating officer. He is responsible for making sure
that the law enforcement apparatus, the police, conduct criminal investigations in
compliance with the law, abstain from unwarranted behaviour, and does not harass the
public.

SECTION 10: CHIEF JUDICIAL MAGISTRATES AND ADDITIONAL CHIEF JUDICIAL

MAGISTRATE, ETC.

(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to
be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an
Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the
powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the
time being in force as the High Court may direct.
(3) The High Court may designate any Judicial Magistrate of the first class in any
sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities
specified in this section as occasion requires.
(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional
Judicial Magistrate shall also have and exercise, such powers of supervision and control

4
(1991) 4 SCC 406
over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates)
in the sub-division as the High Court may, by general or special order, specify in this behalf.
[Corresponding Section of CrPC: Sec 12]

Observation: The Chief Judicial Magistrate, a first-class judicial magistrate, is appointed

by the High Court in each district.
The district's Chief Judicial Magistrate and the Additional Chief Judicial Magistrate are
both appointed by the High Court and have the same authority.
The High Court may give any Judicial Magistrate of the first class in a subdivision the
title of Sub-divisional Judicial Magistrate, and they may be released from duties as
necessary.
The Chief Judicial Magistrate has overall authority over the Sub-divisional Judicial
Magistrate. With the exception of Additional Chief Judicial Magistrates, who the High
Court designates via a general or special order, they have supervisory authority over the
other Judicial Magistrates in the subdivision.

SECTION 11: SPECIAL JUDICIAL MAGISTRATES

(1) The High Court may, if requested by the Central or State Government so to do, confer
upon any person who holds or has held any post under the Government, all or any of the
powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the
first class or of the second class, in respect to particular cases or to particular classes of
cases, in any local area:
Provided that no such power shall be conferred on a person unless he possesses such
qualification or experience in relation to legal affairs as the High Court may, by rules,
specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for
such term, not exceeding one year at a time, as the High Court may, by general or special
order, direct. [Corresponding Section of CrPC: Sec 13]

Observation: A person holding or having held a government position may request from
the Central or State Government to have the authority of a Judicial Magistrate of the first
or second class granted by the High Court for certain cases or categories of cases in a
certain locality. The individual must meet the requirements for experience or
qualifications in legal affairs as established by the High Court. These people are known
as Special Judicial Magistrates, and the High Court appoints them by general or special
order, usually for a maximum of one year at a time.

SECTION 12: LOCAL JURISDICTION OF JUDICIAL MAGISTRATES

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to
time, define the local limits of the areas within which the Magistrates appointed under
section 9 or under section 11 may exercise all or any of the powers with which they may
respectively be invested under this Sanhita:
Provided that the Court of Special Judicial Magistrate may hold its sitting at any place
within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every
such Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11
extends to an area beyond the district in which he ordinarily holds Court, any reference in
this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such
Magistrate, throughout the area within his local jurisdiction, be construed, unless the
context otherwise requires, as a reference to the Court of Session or Chief Judicial
Magistrate, as the case may be, exercising jurisdiction in relation to the said district.
[Corresponding Section of CrPC: Sec 14]

Observation: The local boundaries of the areas where the Magistrates appointed under
Section 9 or Section 11 may exercise their duties may be established by the Chief
Judicial Magistrate, subject to the authority of the High Court.
Within their designated local region, a Special Judicial Magistrate may convene the Court
at any location.
The district is covered by each Magistrate's jurisdiction and powers unless stated
otherwise.
References to the Court of Session or Chief Judicial Magistrate in that region shall be
understood as references to those authorities exercising jurisdiction in that district if a
magistrate's jurisdiction extends beyond the district in which they typically hold Court.
It was held in Delhi Judicial Service Association v. State of Gujarat,5 that the judicial
officers shall not visit a police station on their own except in connection with their
official and judicial duties and functions. In case it is necessary for a judicial officer or a
subordinate judicial officer to visit the police station in connection with his official
duties, he must do so with the prior intimation of his visit to the District and Sessions
Judges.

SECTION 13: SUBORDINATION OF JUDICIAL MAGISTRATES

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every
other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be
subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders,
consistent with this Sanhita, as to the distribution of business among the Judicial
Magistrates subordinate to him. [Corresponding Section of CrPC: Sec 15]

Observation: The Sessions Judge has superior authority over all Chief Judicial
Magistrates. With the exception of Additional Chief Judicial Magistrates, all other Judicial
Magistrates are subordinate to the Chief Judicial Magistrate and are primarily under the
supervision of the Sessions Judge.
Regarding the division of work among the subordinate Judicial Magistrates, the Chief
Judicial Magistrate may promulgate regulations or give directives in accordance with
this Sanhita.
The case of Mahesh Chand v. State of Rajasthan6 established that a Chief Judicial
Magistrate has the authority to investigate any crime committed within his district, even
if the location of the crime is situated within the local boundaries of an area that the
Chief Judicial Magistrate has delegated to a Judicial Magistrate who reports to him.
Naturally, the Chief Judicial Magistrate could only exercise this kind of cognisance if the

5
(1991) Cr. L.J. 3086 (S.C.)
6
(1985) Cr. L.J. 301 (Raj).
police report, or complaint, as the case may be, was submitted to his Court rather than
the Judicial Magistrate's Court within the local boundaries where the crime may have
been committed.

SECTION 14: EXECUTIVE MAGISTRATES

(1) In every district, the State Government may appoint as many persons as it thinks fit to
be Executive Magistrates and shall appoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional
District Magistrate, and such Magistrate shall have such of the powers of a District
Magistrate under this Sanhita or under any other law for the time being in force as may be
directed by the State Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any
officer succeeds temporarily to the executive administration of the district, such officer
shall, pending the orders of the State Government, exercise all the powers and perform all
the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division
and may relieve him of the charge as occasion requires; and the Magistrate so placed in
charge of a sub-division shall be called the Sub-divisional Magistrate.
(5) The State Government may, by general or special order and subject to such control and
directions as it may deem fit to impose, delegate its powers under sub-section (4) to the
District Magistrate.
(6) Nothing in this section shall preclude the State Government from conferring, under any
law for the time being in force, on a Commissioner of Police all or any of the powers of an
Executive Magistrate. [Corresponding Section of CrPC: Sec 20]

Observation: The State Government is required to designate one Executive

Magistrate as the District Magistrate and may designate as many as are necessary in
each district.
As instructed by the Government, the State Government may designate an Additional
District Magistrate possessing the authority of a District Magistrate.
In the event that the District Magistrate's position becomes vacant, all of the District
Magistrate's authority and duties will be carried out by an officer who temporarily takes
over the district's executive administration, subject to any new orders issued by the
State Government.
When necessary, the State Government may delegate authority over an Executive
Magistrate to a Sub-divisional Magistrate, who will then be relieved of their
responsibilities.
Subject to certain restrictions, the State Government can delegate to the District
Magistrate its authority.
This section does not prevent the State Government from conferring Executive
Magistrate powers on a Commissioner of Police under any other law.
The case of State of Karnataka v. Praveen Bhai Thogadia7 emphasised that Section 14
of the Sanhita unequivocally establishes the dual authority of the District Magistrate and
the Addl. District Magistrate. However, the two authorities cannot be equated, the Addl.
District Magistrate cannot be named the District Magistrate. Section 14(2) of the Sanhita
permits the Addl. District Magistrate to perform all or any of the powers of a District
Magistrate. The fact that the appointment of the Addl. District Magistrate is intended to
relieve the District Magistrate of certain responsibilities, making the distinction much
more evident.

SECTION 15: SPECIAL EXECUTIVE MAGISTRATES

The State Government may appoint, for such term as it may think fit, Executive
Magistrates or any police officer not below the rank of Superintendent of Police or
equivalent, to be known as Special Executive Magistrates, for particular areas or for the
performance of particular functions and confer on such Special Executive Magistrates such
of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may
deem fit. [Corresponding Section of CrPC: Sec 21]

Observation: Special Executive Magistrates for specific regions or duties may be

appointed by the State Government. Under this Sanhita, some authorities are granted to
these magistrates, and these magistrates can also be police officers of the rank of
Superintendent or higher rank.

7
(2004) 4 SCC 684
In State of Maharashtra v. Mohd. Salim Khan,8 it was found that the Special Executive
Magistrates are also able to execute the powers of Executive Magistrate and it was thus
unnecessary for the State Government to have conferred the powers under Section 126
on the Special Executive Magistrates.

SECTION 16: LOCAL JURISDICTION OF EXECUTIVE MAGISTRATES

(1) Subject to the control of the State Government, the District Magistrate may, from time
to time, define the local limits of the areas within which the Executive Magistrates may
exercise all or any of the powers with which they may be invested under this Sanhita.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every
such Magistrate shall extend throughout the district. [Corresponding Section of CrPC:
Sec 22]

Observation: The District Magistrate, who is accountable to the State Government,

establishes areas where Executive Magistrates can carry out their duties. These
Executive Magistrates have district-wide authority and jurisdiction unless specified
otherwise.

SECTION 17: SUBORDINATION OF EXECUTIVE MAGISTRATES

(1) All Executive Magistrates shall be subordinate to the District Magistrate, and every
Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a
sub-division shall also be subordinate to the Sub-divisional Magistrate, subject to the
general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders,
consistent with this Sanhita, as to the distribution or allocation of business among the
Executive Magistrates subordinate to him. [Corresponding Section of CrPC: Sec 23]

Observation: The District Magistrate has the superior authority over all Executive
Magistrates. All subordinates, with the exception of the Sub-divisional Magistrate, report
to the Sub-divisional Magistrate.

8
(1991) 1 SCC 550
When it comes to allocating tasks to the Executive Magistrates, the District Magistrate
has the authority to make regulations or directives.

SECTION 18: PUBLIC PROSECUTORS

(1) For every High Court, the Central Government or the State Government shall, after
consultation with the High Court, appoint a Public Prosecutor and may also appoint one or
more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal
or other proceeding on behalf of the Central Government or the State Government, as the
case may be:
Provided that for National Capital Territory of Delhi, the Central Government shall, after
consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional
Public Prosecutors for the purposes of this sub-section.
(2) The Central Government may appoint one or more Public Prosecutors for the purpose
of conducting any case in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor and may
also appoint one or more Additional Public Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one
district may be appointed also to be a Public Prosecutor or an Additional Public
Prosecutor, as the case may be, for another district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel
of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or
Additional Public Prosecutors for the district.
(5) No person shall be appointed by the State Government as the Public Prosecutor or
Additional Public Prosecutor for the district unless his name appears in the panel of names
prepared by the District Magistrate under sub-section (4).
(6) Notwithstanding anything in sub-section (5), where in a State there exists a regular
Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or
an Additional Public Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no suitable person is
available in such Cadre for such appointment, that Government may appoint a person as
Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of
names prepared by the District Magistrate under sub-section (4).
Explanation.—For the purposes of this sub-section,—
(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which
includes therein the post of Public Prosecutor, by whatever name called, and which
provides for promotion of Assistant Public Prosecutors, by whatever name called, to that
post;
(b) "Prosecuting Officer" means a person, by whatever name called, appointed to perform
the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public
Prosecutor or Assistant Public Prosecutor under this Sanhita.
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional
Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section
(6),
only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any
case or class of cases, a person who has been in practice as an advocate for not less than
ten years as a Special Public Prosecutor:
Provided that the Court may permit the victim to engage an advocate of his choice to assist
the prosecution under this sub-section.
(9) For the purposes of sub-section (7) and sub-section (8), the period during which a
person has been in practice as an advocate, or has rendered (whether before or after the
commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public
Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name
called, shall be deemed to be the period during which such person has been in practice as
an advocate. [Corresponding Section of CrPC: Sec 23]

Observation: Every High Court has a Public Prosecutor appointed by the Central or
State Government following consultation with the High Court. They also have the
authority to name additional public prosecutors.
After consulting the High Court, the Central Government selects the Public Prosecutor or
Additional Public Prosecutors in the National Capital Territory of Delhi. The Central
Government may appoint public prosecutors to any district or local area.
The State Government designates a Public Prosecutor for each district and may
designate one or more Additional Public Prosecutors. The Sessions Judge and the
District Magistrate collaborate to create a list of candidates for appointment as Public
Prosecutors or Additional Public Prosecutors.
The names of those who are to be appointed as Public Prosecutors or Additional Public
Prosecutors by the State Government must be on the panel created in accordance with
subsection (4).
The State Government is required to designate Public Prosecutors or Additional Public
Prosecutors from any Cadre of Prosecuting Officers that may exist. If the State
Government determines that there isn't a suitable candidate in the Cadre, it may choose
an appointee from the District Magistrate's list of names.
Explanation: (a) The "Regular Cadre of Prosecuting Officers" permits the promotion of
Assistant Public Prosecutors and comprises Public Prosecutors posts.
(b) A person designated to carry out the duties of a Public Prosecutor, Special Public
Prosecutor, Additional Public Prosecutor, or Assistant Public Prosecutor is referred to as
a "Prosecuting Officer".
A minimum of seven years of experience as an advocate qualifies a person for
appointment as an Additional Public Prosecutor or Public Prosecutor.
If a Special Public Prosecutor has been practising as an advocate for ten years or more,
the Central or State Government may designate them for any case or class of cases. A
victim may designate a preferred advocate to support the prosecution, according to the
Court.
In order to be eligible for future appointments, time spent serving as a Public
Prosecutor, Additional Public Prosecutor, or other Prosecuting Officer shall be counted
towards the duration of advocacy practice.
A public prosecutor's responsibilities extend beyond ensuring that the guilty is
punished, as the Supreme Court noted in Sidhartha Vashisht v. State (NCT of Delhi).9 In
order to determine the truth and provide justice for all parties, including the victim, it is
the public prosecutor's responsibility to guarantee fair play. The prosecutor cannot be
slack in their obligations.
The Supreme Court ruled in Captain Amarinder Singh v. Prakash Singh Badal10 that
the Public Prosecutor is an official of the Court. He cannot act on the dictates of the State
Government. He must behave with objectivity.
It was decided in M.C. Mehta (Taj Corridor Scam) v. Union of India,11 that the Public
Prosecutor is designated to handle all prosecution, appeals, and other court
9
AIR 2010 SC 2352
10
(2009) 6 SCC 260
11
(2007) 1 SCC 110
proceedings. He also has the authority, with the Court's approval, to remove any matter
from prosecution. He is the Court's officer. As a result, the Public Prosecutor handles a
different aspect of the administration of justice and is not engaged in any investigations.
Supporting or funding a joint investigation between the public prosecutor and the
investigating officer in order to file a report with the Court is not permitted under the
scheme of Sanhita.

SECTION 19: ASSISTANT PUBLIC PROSECUTORS

(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. [Corresponding Section of CrPC: Sec 25]

Observation: Every district must have one or more Assistant Public Prosecutors (APPs)
appointed by the State Government in order to handle prosecutions in the Magistrates'
Courts.
Additionally, the Central Government may designate one or more APPs to handle
particular cases or groups of matters in the Magistrates' Courts.
The District Magistrate may designate a different individual as the Assistant Public
Prosecutor (APP) in situations where an APP is not available for a particular case.
However, prior to making this appointment, the District Magistrate is required to
provide the State Government with a notice of fourteen days.
An APP cannot be appointed in a case involving a police officer who has been involved in
the investigation of that specific offence.
Moreover, a police officer below the rank of Inspector is also ineligible to be appointed
as an APP.
In Varada Rama Mohana Rao v. State of A.P.,12 it was decided that the accused could
not suffer any detrimental effects because the Public Prosecutor had not provided any
evidence, his personal opinion had no bearing on the Court's decision-making process,
and the Court constantly scrutinised the way he presented the case.

SECTION 19: DIRECTORATE OF PROSECUTION

(1) The State Government may establish—
(a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as
many Deputy Directors of Prosecution as it thinks fit; and
(b) a District Directorate of Prosecution in every district consisting of as many
Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.
(2) A person shall be eligible to be appointed—
(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in
practice as an advocate for not less than fifteen years or is or has been a Sessions Judge;
(b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not
less than seven years or has been a Magistrate of the first class.
(3) The Directorate of Prosecution shall be headed by the Director of Prosecution,
who shall function under the administrative control of the Home Department in the State.
(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall
be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution
shall be subordinate to the Deputy Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the State Government under sub-section (1) or sub-section (8) of section 18
to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the State Government under sub-section (3) or sub-section (8) of section 18
to conduct cases in District Courts and every Assistant Public Prosecutor appointed under
sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or
the Assistant Director of Prosecution.
(7) The powers and functions of the Director of Prosecution shall be to monitor cases

12
(2004) 4 SCC 427
in which offences are punishable for ten years or more, or with life imprisonment, or with
death; to expedite the proceedings and to give opinion on filing of appeals.
(8) The powers and functions of the Deputy Director of Prosecution shall be to
examine and scrutinise police report and monitor the cases in which offences are
punishable
for seven years or more, but less than ten years, for ensuring their expeditious disposal.
(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in
which offences are punishable for less than seven years.
(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director,
Deputy Director or Assistant Director of Prosecution shall have the power to deal with and
be responsible for all proceedings under this Sanhita.
(11) The other powers and functions of the Director of Prosecution, Deputy Directors
of Prosecution and Assistant Directors of Prosecution and the areas for which each of the
Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed
shall be such as the State Government may, by notification, specify.
(12) The provisions of this section shall not apply to the Advocate General for the
State while performing the functions of a Public Prosecutor. [Corresponding Section of
CrPC: Sec 25-A]

Observation: The State Government may create the following: (a) A state-level
Directorate of Prosecution, comprising a Director of Prosecution and as many Deputy
Directors of Prosecution as may be required; (b) A District Directorate of Prosecution,
comprising Deputy Directors and Assistant Directors of Prosecution in the proportion
necessary for each district.
A person needs to have been a Sessions Judge or an advocate for at least 15 years in
order to be appointed as a Director of Prosecution or Deputy Director of Prosecution. A
person must have worked as a magistrate of the first class or as an advocate for at least
seven years in order to be appointed as an Assistant Director of Prosecution.
The Director of Prosecution is in charge of the Directorate of Prosecution and is
administratively subordinate to the Home Department of the State Government. The
Director of Prosecution has authority over the Deputy Directors and Assistant Directors.
Deputy Directors of Prosecution have superior authority over Assistant Directors of
Prosecution. The Director of Prosecution is in charge of overseeing Public Prosecutors,
Additional Public Prosecutors, and Special Public Prosecutors who are assigned by the
State Government to handle matters in the High Court.
The Director of Prosecution is entitled to: Keep an eye on cases in which the offence
carries a minimum sentence of ten years in prison, a life sentence, or death; make sure
that these cases are handled quickly and provide insight on filing an appeal.
The following tasks fall within the purview of deputy directors of prosecution:
reviewing and analysing police reports, keeping an eye on cases involving offences that
carry a maximum sentence of seven years but not more than ten years, and making sure
that these cases are handled quickly.
In cases when the sentence is less than seven years, Assistant Directors of Prosecution
keep an eye on the situation.
The Sanhita permits the Director, Deputy Director, or Assistant Director of Prosecution
to oversee and manage all proceedings. The State Government will notify the public of
the precise duties, responsibilities, and areas of jurisdiction assigned to the Director of
Prosecution, Deputy Directors, and Assistant Directors. When the Advocate General for
the State is acting in the capacity of a public prosecutor, this subsection does not apply
to them.
The Court emphasised the importance of keeping the inquiry and prosecution agencies
separate in NHRC v. State of Gujarat.13 It was noted that the Assistant Public
Prosecutors could not be permitted to remain engaged by the Police Departments and to
carry out their duties under the control of the head of the Police Department. The State
Governments were instructed to establish a distinct cadre of Assistant Public
Prosecutors by setting up a department solely dedicated to prosecution, with the head
of the department reporting directly to the State Government. The establishment of a
distinct prosecution wing is made possible under Section 20.

13
(2009) 6 SCC 767