Assistant Public Prosecutors
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Summary
State governments must appoint one or more Assistant Public Prosecutors in each district to conduct prosecutions in magistrate courts. The Central Government can also appoint Assistant Public Prosecutors for particular cases or classes of cases. Police officers are generally not eligible; if no Assistant Public Prosecutor is available the District Magistrate may appoint another person, but not a police officer who investigated the offence or who is below the rank of Inspector.
Example
Priya files an FIR and the magistrate's court needs an Assistant Public Prosecutor, but the district has none available. The District Magistrate appoints Aditya to conduct the prosecution. Karan, a constable who took part in the investigation, cannot be appointed, so Aditya alone will act as prosecutor.
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.
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-
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(a) if he 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) if he is below the rank of Inspector.
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