Assistant Public Prosecutors
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Summary
State Government must appoint one or more Assistant Public Prosecutors in every district to conduct prosecutions in Magistrates courts. The Central Government may also appoint Assistant Public Prosecutors for particular cases or classes of cases. If none is available for a particular case, the District Magistrate may appoint someone after giving 14 days notice to the State Government. A police officer who investigated the offence or who is below Inspector cannot be appointed.
Example
Priya files an FIR against a shopkeeper and no Assistant Public Prosecutor is available to appear in the magistrate's court. The District Magistrate gives 14 days notice to the State Government and appoints a private lawyer as the Assistant Public Prosecutor for that case. A police officer who took part in the investigation cannot be appointed.
Bare Act
Enacted 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-
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(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
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(b) is below the rank of Inspector.
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