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CODE OF CRIMINAL PROCEDURE

Public Prosecutors: Section 24

For every High Court:

• Central Govt or State Govt shall appoint a Public Prosecutor
  • after consultation with High Court
  • for conducting any prosecution, appeal or other proceeding on behalf of Government
• Central Govt or State Govt may also appoint Additional Public Prosecutors

For every district:

• Central Government
  • may appoint a Public Prosecutor
  • may also appoint Additional Public Prosecutors

For every district

• State Government
  • shall appoint a Public Prosecutor
  • may also appoint Additional Public Prosecutors

Panel for prosecutors

• District Magistrate shall prepare a panel of names
  • in consultation with the Sessions Judge
  • of persons who are, in his opinion, fit to be appointed
  • as Public Prosecutor or APP for the district
• No person shall be appointed by the State Govt
  • as Public Prosecutor or APP
• unless his name appears on the panel of names
  • prepared by the District Magistrate
• A person shall only be eligible
  • to be appointed as Public Prosecutor or APP
• if he has been in practice as an advocate
  • for not less than seven years

Special Public Prosecutor

• Central Govt or State Govt may appoint for any case or class of cases
  • an advocate who has been in practice for not less than ten years
  • as a Special Public Prosecutor
• Court may permit the victim to engage an advocate of his choice
  • to assist the prosecution under this sub section

Directorate of Prosecution: Section 25A

• State Govt may establish a Directorate of Prosecution
  • consisting of Director of Prosecution and Deputy Directors
• A Director or Deputy Director should have been in practice as an advocate
  • for not less than 10 years
• Such appointment shall be made
  • with concurrence of the Chief Justice of High Court

Trial of offences under IPC: Section 26

• An offence under IPC may be tried by
  • High Court or Court of Session or
  • any other Court shown in the First Schedule for that offence
• An offence u/s 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E
  • shall be tried, as far as practicable, by a court presided over by a woman

[DLA Note: Inserted w.e.f. 31.12.2009]

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Trial of offences under other laws:

• An offence under any other law
  • shall be tried by a Court mentioned in such law
• When no Court is so mentioned:
  • it may be tried by the High Court or
  • any other Court by which such offence is shown triable in the First Schedule

Jurisdiction in case of juveniles: Section 27

• An offence not punishable with death or imprisonment for life
  • committed by any person who is under sixteen years when he is brought before Court
• may be tried
  • by the Court of Chief Judicial Magistrate or
  • by any Court specially empowered under the Children Act 1960 or any other law

Sentences: Section 28

• A High Court
  • may pass any sentence authorised by law
• A Sessions Judge or Additional Sessions Judge
  • may pass any sentence authorised by law
  • but a sentence of death passed by such Judge shall be subject to confirmation by High Court
• An Assistant Sessions Judge
  • may pass any sentence authorised by law
  • except death or imprisonment for life or more than ten years

Sentences which Magistrates may pass: Section 29

• A Chief Judicial Magistrate
  • may pass any sentence authorised by law
  • except death or imprisonment for life or more than seven years
• A Magistrate of first class
  • may pass sentence of imprisonment for upto 3 years or fine upto 10,000 rupees or both
• A Magistrate of second class
  • may pass sentence of imprisonment upto one year or fine upto 5000 rupees or both
• A Chief Metropolitan Magistrate
  • shall have the same powers as a Chief Judicial Magistrate
• A Metropolitan Magistrate
  • shall have the same powers as a Magistrate of first class

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