Srija Choudhury
Asked August 24, 2014

selection of public procecutor

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How are public prosecutors selected for District Court, Sessions Court and High Court?

Answer 1

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Srija Choudhury
Section 24 of the Code of Criminal Procedure deals with appointment of the public prosecutors. For every High Court, the Executive (Central or State Government) after consulting the High Court appoints a Public Prosecutor. One or more Additional Public Prosecutor may be appointed in a similar fashion by the Central or State Government. For every district, State Government appoints a Public Prosecutor and may also appoint one or more Additional Public Prosecutors. According to Sub section (4) of section 24 of CrPC, the District Magistrate in consultation of the Sessions Judge should prepare a panel of names of persons who are fit to be appointed as Public Prosecutor or Additional public Prosecutors. No person can be appointed as public prosecutor unless his/her name is on the panel of names selected. Various states also have regular Cadre of Prosecuting Officers from where state Government shall appoint Public Prosecutors. A person is eligible to be appointed as Public Prosecutor or Additional Public Prosecutor only after 7 years of practice as an Advocate. A person needs to be an Advocate for no less than 10 years to be appointed as Special Public Prosecutor.
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