Section 25: Assistant Public Prosecutors
Section 25 of CrPC deals with the appointment and powers of Assistant Public Prosecutors (APPs). APPs are subordinate to the Public Prosecutor and are responsible for assisting the Public Prosecutor in conducting prosecutions on behalf of the State.
Section 25 of CrPC states that the State Government shall appoint one or more APPs for every district. The State Government may also appoint APPs for the purpose of conducting any case or class of cases in any district or local area.
APPs must be qualified advocates who have been in practice for at least five years. They are appointed for a period of three years, but they can be removed from office at any time by the appointing authority.
APPs have the same powers as Public Prosecutors, but they must act under the direction and supervision of the Public Prosecutor.
Section 25A: Directorate of Prosecution
Section 25A of CrPC deals with the establishment of the Directorate of Prosecution. The Directorate of Prosecution is a specialized agency that is responsible for the prosecution of criminal cases.
Section 25A states that 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. The Director of Prosecution and Deputy Directors of Prosecution must be qualified advocates who have been in practice for at least ten years.
The Directorate of Prosecution is responsible for:
- Conducting prosecutions on behalf of the State in serious and complex cases
- Providing guidance and support to Public Prosecutors and APPs
- Coordinating the prosecution of cases involving multiple jurisdictions
- Conducting research on criminal law and procedure
- Developing training programs for Public Prosecutors and APPs
Relationship between Section 25 of CrPC and Section 25A
Section 25 of CrPC and Section 25A of the CrPC are complementary provisions. Section 25 deals with the appointment and powers of APPs, while Section 25A deals with the establishment of the Directorate of Prosecution.
The Directorate of Prosecution provides support and guidance to APPs and Public Prosecutors. The Directorate of Prosecution also handles serious and complex cases, which frees up APPs and Public Prosecutors to focus on other cases.
Importance of Section 25 of CrPC and Section 25A
Section 25 and Section 25A play an important role in the criminal justice system. APPs and the Directorate of Prosecution help to ensure that the State is able to effectively prosecute criminal cases. This helps to protect the victims of crime and to uphold the rule of law.
Section 25 and Section 25A of the CrPC are important provisions that help to ensure the effective prosecution of criminal cases. APPs and the Directorate of Prosecution play a vital role in the criminal justice system.
Here are some case laws on Section 25 of CrPC and Section 25A of the CrPC:
Section 25 of CrPC: Assistant Public Prosecutors
- State of Bihar vs Anil Kumar on 29 April, 2015
In this case, the Supreme Court held that the State Government has a duty to appoint a sufficient number of APPs to ensure that criminal cases are prosecuted effectively. The court also held that the State Government cannot appoint unqualified persons as APPs.
- State of Punjab vs Ajaib Singh on 05 January, 2016
In this case, the Supreme Court held that APPs must act under the direction and supervision of the Public Prosecutor. The court also held that APPs cannot act independently of the Public Prosecutor.
- Prahlad Singh Bhanwar vs State of Bihar on 22 March, 2013
In this case, the Supreme Court held that APPs have the same powers as Public Prosecutors, but they must exercise their powers in accordance with the law and the instructions of the Public Prosecutor.
Section 25A: Directorate of Prosecution
- All India Prosecutors Association and another vs Union of India through Cabinet Secretary and Ors. on 06 February, 2014
In this case, the Supreme Court held that the establishment of the Directorate of Prosecution is a mandatory requirement under the CrPC. The court also held that the State Government must appoint a Director of Prosecution and Deputy Directors of Prosecution who are qualified advocates with at least ten years of experience.
- State of Kerala vs K. Anilkumar on 14 February, 2018
In this case, the Kerala High Court held that the Directorate of Prosecution has the power to supervise and control the work of Public Prosecutors and APPs. The court also held that the Directorate of Prosecution can issue guidelines and instructions to Public Prosecutors and APPs on the prosecution of criminal cases.
- Union of India vs P.R. Ramakrishnan on 09 August, 2017
In this case, the Madras High Court held that the Directorate of Prosecution has the power to investigate and prosecute cases involving multiple jurisdictions. The court also held that the Directorate of Prosecution can coordinate the prosecution of such cases with the Public Prosecutors of the respective jurisdictions.
These are just a few examples of case laws on Section 25 of CrPC and Section 25A of the CrPC. The sections have been interpreted by the courts on a number of occasions, and there is a wealth of case law available to provide guidance on their application.