Directorate of Prosecution
AI Assist
Summary
State Government may create a Directorate of Prosecution led by a Director and supported by Deputy Directors. Appointees must have practised as advocates for at least ten years and need the concurrence of the High Court Chief Justice. The Director functions under the State Home Department and supervises public prosecutors; deputies are subordinate to the Director. Advocate General is excluded while acting as Public Prosecutor.
Example
Ravi has practised as an advocate for 12 years. The State appoints him Director of Prosecution with the Chief Justice's concurrence. He will supervise Public Prosecutors in the High Court and Deputy Directors will oversee prosecutors in district courts, with administrative control resting with the State Home Department.
Bare Act
Enacted text(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court.
(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.
(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Sub-Section (1), or as the case may be, Sub-Section (8), of section 24 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 as the case may be, Sub-Section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under Sub-Section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution.
(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.
(8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
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