CHAPTER II

Chapter II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6. Classes of Criminal Courts—Besides the High Courts and the Courts constituted under any

law, other than this Code, there shall be, in every State, the following classes of Criminal Courts,

namely: —

(i) Courts of Session;

(ii) Judicial Magistrate of the first class and, in any Metropolitan area,

Metropolitan Magistrate;

(iii) Judicial Magistrate of the second class; and

(iv) Executive Magistrate

7. Territorial divisions

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every

sessions division shall, for the purposes of this Code, be a district or consist of districts:—

Provided that every metropolitan area shall, for the said purposes, be a separate sessions

division and district

(2) The State Government may, after consultation with the High Court, alter the limits or the

number of such divisions and districts

(3) The State Government may, after consultation with the High Court, divide any district into

sub-divisions and may alter the limits or the number of such sub-divisions

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of

this Code, shall be deemed to have been formed under this section

8. Metropolitan areas

(1) The State Government may, by notification, declare that, as from such date as may be

specified in the notification, any area in the State comprising a city or town whose population

exceeds one million shall be a metropolitan area for the purposes of this Code

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta

and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to

be a metropolitan area

(3) The State Government may, by notification, extend, reduce or alter the limits of a

metropolitan area but the reduction or alteration shall not be so made as to reduce the population

of such area to less than one million

(4) Where, after an area has been declared, or deemed to have been declared to be, a

metropolitan area, the population of such area falls below one million, such area shall, on and

from such date as the State Government may, by notification, specify in this behalf, cease to be a

metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending

immediately before such cesser before any Court or Magistrate in such area shall continue to be

dealt with under this Code, as if such cesser had not taken place

(5) Where the State Government reduces or alters, under sub-section (3), the limits of any

metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal

pending immediately before such reduction or alteration before any Court or Magistrate, and

every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such

reduction or alteration had not taken place

Explanation—In this section, the expression "population" means the population as ascertained

at the last preceding census of which the relevant figures have been published

9. Court of Session

(1) The State Government shall establish a Court of Session for every sessions division

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges

to exercise jurisdiction in a Court of Session

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also

an Additional Sessions Judge of another division, and in such case he may sit for the disposal of

cases at such place or places in the other division as the High Court may direct

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for

the disposal of any urgent application which is, or may be, made or pending before such Court of

Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant

Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or

Magistrate shall have jurisdiction to deal with any such application

(6) The Court of Sessions shall ordinarily hold its sitting at such place or places an the High

Court may, by notification, specify; but, if, in any particular case, the Court of Session is of

opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings

at any other place in the sessions division, it may, with the consent of the prosecution and the

accused, sit at that place for the disposal of the case or the examination of any witness or

witnesses therein

Explanation — For the purposes of this Code, "appointment" does not include the first

appointment, posting or promotion of a person by the Government to any Service, or post in

connection with the affairs of the Union or of a State, where under any law, such appointment,

posting or promotion is required to be made by Government

STATE AMENDMENTS

Uttar Pradesh:

In section 9 after sub-section (5), the following sub-section shall be inserted, namely:—

"(5-A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his

being incapacitated by illness or otherwise for the performance of his duties, or of his absence

from his place at which his Court is held, the senior most among the Additional Sessions Judges,

and the Assistant Sessions Judges present at the place, and in their absence the Chief Judicial

Magistrate shall without relinquishing his ordinary duties assume charge of the office of the

Sessions Judge and continue in charge there of until the office is resumed by the sessions judge

or assumed by an officer appointed thereto, and shall subject to the provision of this Code and

any rules made by the High Court in this behalf, exercise any of the powers of the Sessions

Judge"

[Vide UP Act 1 of 1984, sec 2 (wef 1-5-1984)

In section 9, in sub-section (6), insert the following proviso:—

"Provided that the Court of Sessions may hold, or the High Court may direct the Court of

Session to hold its sitting in any particular case at any place in the Sessions Division, where it

appears expedient to do so for considerations of internal security or public order, and in such

cases, the consent of the prosecution and the accused shall not be necessary"

Vide UP Act 16 of 1976, sec 2

West Bengal:

To sub-section (3) of section 9 the following provisos shall be added:—

"Provided that notwithstanding anything to the contrary contained in this Code, Additional

Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein

the headquarters of the Sessions Judges are situated, exercising jurisdiction in a Court of Session,

shall have all the powers of the Sessions Judge under this Code, in respect of the cases and

proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of

session 116 sections 193 and, clause (a) of section 209 and sections 409, 439 and 449:

Provided further that the above powers shall not be in derogation of the powers otherwise

exercisable by an Additional Sessions Judge or a Sessions Judge under this Code"

Vide WB Act 24 of 1988, sec 3

10. Subordination of Assistant Sessions Judges

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they

exercise jurisdiction

(2) The Sessions Judges may, from time to time, make rules consistent with this Code, as to the

distribution of business among such Assistant Sessions Judges

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the

event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there

be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such

Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application

11. Courts of Judicial Magistrates

(1) In every district (not being a metropolitan area), there shall be established as many Courts of

Judicial Magistrates of the first class and of the second class, and at such places, as the State

Government may, after consultation with the High Court, by notification, specify:

Provided that the State Government may, after consultation with the High Court,

establish, for any local area, one or more Special Courts of Judicial Magistrate of the first class

or of the second class to try any particular case or particular class of cases, and where any such

Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction

to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate

has been established

(2) The presiding officers of such Courts shall be appointed by the High Courts

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the

powers of a Judicial Magistrate of the first class or of the second class on any member of the

Judicial Service of the State, functioning as a Judge in a Civil Court

STATE AMENDMENTS

Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep:

In sub-section (3) of section 11, for the words "any member of the Judicial Service of the State

functioning as a Judge in a Civil Court" the words "any person discharging the functions of a

Civil Court", shall be substituted

[Vide Regulation 1 of 1974 (wef 30-3-1974)

Bihar:

After sub-section (3) of Section 11, the following sub-section shall be inserted, namely:—

"(4) The State Government may likewise establish for any local area one or more Courts of

Judicial Magistrate of the first class or second class to try any particular cases of particular class

or categories of cases"

[Vide Bihar Act 8 of 1977, sec 2 (wef 10-1-1977)

Haryana:

After sub-section (1) of Section 11, the following sub-section shall be inserted:—

"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of

the first class and of the second class in respect to particular cases or particular class or classes of

cases, or to cases generally in any local area"

[Vide Haryana Act 16 of 1976, sec 2 (wef 24-2-1976)

Kerala:

(1) In section 11, after sub-section (1), the following sub-section shall be inserted, namely:—

"(1-A) The State Government may likewise establish as many special Courts of Judicial

Magistrate of First Class in respect to particular cases or to a particular class or particular classes

of cases or in regard to cases generally, in any local area

(2) The amendments made by sub-section (1) shall be, and shall be deemed to have been, in

force for the period commencing from the 2nd day of December, 1974 and ending with the 18th

day of December, 1978

Validation—Any notification issued by the State Government on or after the 2nd day of

December, 1974 and before the commencement of the Code of Criminal Procedure

(Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the

Judicial Magistrate of the first class having jurisdiction over more than one district shall be

deemed to have been issued under section 11 of the said code as amended by this Act and

accordingly such notification issued and any act or proceeding done or taken or purporting to

have been done or taken by virtue of it shall be deemed to be and always to have been valid"

[Vide Kerala Act 21 of 1987

Punjab:

In sub-section (1) of section 11, insert the following new sub-section:—

"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of

the first class in respect to particular cases or to particular classes of cases, or in regard to cases

generally, in any local area"

[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978)

Rajasthan:

In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:—

"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of

the first class and of the second class in respect to particular cases, or to a particular class or

particular classes of cases, or in regard to cases generally, in any local area"

[Vide Rajasthan Act 10 of 1977, sec 2 (wef 13-9-1977)

Uttar Pradesh:

In section 11, the following sub-section shall be inserted, namely:—

"(1A) The State Government may likewise establish as many Courts of Judicial Magistrate of the

first class and of the second class in respect to particular cases, or to a particular class or

particular classes of cases, or in regard to cases generally, in any local area"

[Vide UP Act 16 of 1976, sec 3 (wef 30-4-1976)

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

(1) In every district ( not being a metropolitan area), the High Court shall appoint a Judicial

Magistrate of the first class to the Chief Judicial Magistrate

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional

Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief

Judicial Magistrate under this Code or under any other law for the time being in force as the

High Court may direct

(3) (a) The High Court may designate any Judicial Magistrate of the first class in any subdivision

as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified

in this section as occasion requires

(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial

Magistrate shall also have and exercise, such powers of supervision and control over the work of

the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as

the High Court may, by general or special order, specify in this behalf .

STATE AMENDMENTS

Nagaland:

In sub-sections (1), (2) and (3) the words "High Court" shall be substituted by the words "State

Government" wherever they occur

[Vide Notification Law 170/74 Leg, dated 3-7-1975

Uttar Pradesh:

After sub-section (3), the following sub-section shall be inserted, namely:—

"(4) Where the office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness,

absence or otherwise for the performance of his duties, the senior-most among the Additional

Chief Judicial Magistrate and other judicial Magistrates present at the place, and in their absence

the district magistrate and in his absence the senior-most Executive Magistrate shall dispose of

the urgent work of the Chief Judicial Magistrate"

[Vide UP Act 1 of 1984, sec 3 (wef 1-5-1984)

13. Special Judicial Magistrates

(1) The High Court may, if requested by the Central or State Government so to do, confer upon

any person who holds or has held any post under the Government all or any of the powers

conferred or conferrable by or under this Code on a Judicial Magistrate of the first class or of the

second class, in respect to particular cases or to particular classes of cases, in any local area, not

being a metropolitan area:

Provided that no such power shall be conferred on a person unless he possesses such

qualification or experience in relation to legal affairs as the High Court may, by rules, specify

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such

term, not exceeding one year at a time, as the High Court may, by general or special order, direct

(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a

Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction

STATE AMENDMENTS

Andhra Pradesh:

In sub-section (2) of section 13, for the words "not exceeding one year at a time" the words "not

exceeding two years at a time" shall be substituted and to the said sub-section the following

proviso shall be added, namely:—

"Provided that any person who is holding the office of Special Judicial Magistrate at the

commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and

has not completed sixty-five years of age shall continue to hold office for a term of two years

from the date of his appointment"

[Vide AP Act 2 of 1992

Bihar:

In section 13 for the words "in any district", the words "in any local area" shall be substituted

[Vide Bihar Act 8 of 1977, sec (wef 10-1-1977)

Haryana:

In section 13 of the principal Act, in sub-section (1) for the words "second class", the words

"first class or second class" and for the words "in any district", the words "in any local area" shall

be substituted

[Vide Haryana Act 16 of 1976, sec 3 (wef 24-2-1976)

Himachal Pradesh:

In section 13, for the words "in any district" the words "in any local area" shall be substituted

[Vide Act 40 of 1976 (wef 13-11-1976)

Punjab and Uttar Pradesh:

In section 13 of the principal Act, in sub-section (1) for the words "second class" the words "first

class or second class" and for the words "in any district", the words "in any local area" shall be

substituted

[Vide Punjab Act 9 of 1978, sec 3 (wef 14-4-1978) and UP Act 16 of 1976, sec 4 (wef 5-1-1976)

14. Local Jurisdiction of Judicial Magistrates

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to

time, define the local limits of the areas within which the Magistrates appointed under section 11

or under section 13 may exercise all or any of the powers with which they may respectively be

invested under this Code:

Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place within

the local area for which it is established

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such

Magistrate shall extend throughout the district

(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or

section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in

which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief

Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate,

throughout the area within his local jurisdiction, be construed, unless the context otherwise

requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan

Magistrate, as the case may be, exercising jurisdiction in relation to the said district or

metropolitan area STATE AMENDMENT Maharashtra:

After section 14, the following section shall be inserted, namely:—

15. Subordination of Judicial Magistrates

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other

Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to

the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders,

consistent with this Code, as to the distribution of business among the Judicial Magistrates

subordinate to him STATE AMENDMENT

Bihar:

After sub-section (2) of section 15, the following sub-section shall be substituted, namely:—

"(3) Any judicial Magistrate exercising powers over any local area extending beyond the district

in which he holds his Court, shall be subordinate to the Chief Judicial Magistrate of the said

district and reference in this Code to the Sessions Judge shall be deemed to be references to the

Sessions Judge of that district where he holds his Court"

[Vide Bihar Act 8 of 1977, sec 4 (wef 10-1-1977)

16. Courts of Metropolitan Magistrates

(1) In every metropolitan area, there shall be established as many Courts of Metropolitan

Magistrates, and at such places, as the State Government may, after consultation with the High

Court, by notification, specify

(2) The presiding officers of such Courts shall be appointed by the High Court

(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the

metropolitan area STATE AMENDMENT

Uttar Pradesh:

In section 16 after sub-section (3), the following sub-section shall be inserted, namely:—

"(4) Where the office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by

illness, absence or otherwise for the performance of his duties, the senior most among the

Additional Chief Metropolitan Magistrates and other Metropolitan Magistrates present at the

place, shall dispose of the urgent work of the Chief Metropolitan Magistrate"

[Vide UP Act 1 of 1984, sec 3 (wef 1-5-1984)

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction,

appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan

area

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief

Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief

Metropolitan Magistrate under this Code or under any other law for the time being in force as the

High Court may direct.

18. Special Metropolitan Magistrates

(1) The High Court may, if requested by any Central or State Government so to do, confer upon

any person who holds or has held any post under the Government, all or any of the powers

conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to

particular cases or to particular classes of cases *** in any metropolitan area within its local

jurisdiction:

Provided that no such power shall be conferred on a person unless he possesses such

qualification or experience in relation to legal affairs as the High Court may, by rules, specify

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for

such term, not exceeding one year at a time, as the High Court may, by general or special order,

direct

(3) The High Court or the State Government, as the case may be, may empower any Special

Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers

of a Judicial Magistrate of the first class

STATE AMENDMENTS

Andhra Pradesh:

In sub-section (2) of section 18, for the words, "not exceeding one year at a time" the words "not

exceeding two years at a time" shall be substituted and to the said sub-section the following

proviso shall be added, namely:—

"Provided that a person who is holding the office of Special Metropolitan Magistrate at the

commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992,

and has not completed sixty-five years of age shall continue to hold office for a term of two years

from the date of his appointment"

[Vide AP Act 2 of 1992 (Date of enforcement yet to be notified)

Maharashtra:

In sub-section (1) of section 18, for the words "in any metropolitan area" the words "in one or

more metropolitan areas" shall be substituted

[Vide Maharashtra Act 23 of 1976, sec 3 (wef 10-6-1976)

19. Subordination of Metropolitan Magistrates

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall

be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to

the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate

(2) The High Court may, for the purposes of this Code, define the extent of the subordination if

any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders,

consistent with this Code, as to the distribution of business among the Metropolitan Magistrates

and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

20. Executive Magistrates

(1) In every district and in every metropolitan area The State Government may appoint as many

persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the

District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District

Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this

Code or under any other law for the time being in force as may be directed by the State

Government.

(3) Whenever, in consequence of the office of a District Magistrate becoming Vacant, any officer

succeeds temporarily to the executive administration of the district, such officer shall, pending

the orders of the State Government, exercise all the powers and perform all the duties

respectively conferred and imposed by this Code on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and

may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a

sub-division shall be called the Sub-divisional Magistrate.

(5) Nothing in this section shall preclude the State Government from conferring Under any law

for the time being in force, on a Commissioner of Police, all or any of the powers of an

Executive Magistrate in relation to a metropolitan area.

STATE AMENDMENT

Uttar Pradesh:

In section 20 after sub-section (5), the following sub-section shall be inserted, namely:—

"(6) The State Government may delegate its powers under sub-section (4) to the District

Magistrate"

Vide UP Act 1 of 1984, sec 5 (wef 1-5-1984)

21. Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to

be known as Special Executive Magistrates for particular areas or for the performance of

particular functions and confer on such Special Executive Magistrates such of the powers as are

conferrable under this Code on Executive Magistrate, as it may deem fit

Comments

Special Executive Magistrate is entitled to exercise any of powers of the Executive Magistrate

conferred by the Code, State of Maharashtra v Mohammad Salim Khan, (1991)1 Crimes 120

(SC)

22. Local Jurisdiction of Executive Magistrates

(1) Subject to the control of the State Government, the District Magistrate may, from time to

time, define the local limits of the areas within which the Executive Magistrates may exercise all

or any of the powers with which they may be invested under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such

Magistrate shall extend throughout the district.

23. Subordination of Executive Magistrates

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate

to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional

Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional

Magistrate, subject, however, to the general control of the District Magistrate

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent

with this Code, as to the distribution of business among the Executive Magistrates subordinate to

him and as to the allocation of business to an Additional District Magistrate.

24. Public Prosecutors

(1) For every High Court, the Central Government or the State Government shall, after

consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more

Additional Public Prosecutor, for conducting in such Court, any prosecution, appeal or other

proceeding on behalf of the Central Government or State Government, as the case may be

(2) The Central Government may appoint one or more Public Prosecutors for the purpose of

conducting any case or class of cases in any district, or local area

(3) For every district, the State Government shall appoint a Public Prosecutor and may also

appoint one or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district

may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case

may be, for another district.

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of

names of persons, who are, in his opinion fit to be appointed as Public Prosecutor or Additional

Public Prosecutors for the district

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional

Public Prosecutor for the district unless his name appears in the panel of names prepared by the

District Magistrate under sub-section (4).

(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular

Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an

Additional Public Prosecutor only from among the persons constituting such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is available in

such Cadre for such appointment that Government may appoint a person as Public Prosecutor or

Additional Public Prosecutor, as the case may be, from the panel of names prepared by the

District Magistrate under sub-section (4)

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public

Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if

he has been in practice as an advocate for not less than seven years

(8) The Central Government or the State Government may appoint, for the purposes of any case

or class of cases, a person who has been in practice as an advocate for not less than ten years as a

Special Public Prosecutor.

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has

been in practice as a pleader, or has rendered (whether before or after the commencement of this

Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public

Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the

period during which such person has been in practice as an advocate

STATE AMENDMENTS

Bihar:

In section 24, for sub-section (6) the following sub-section shall be substituted:—

"(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a regular

Cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an

Additional Public Prosecutor from among the persons constituting such Cadre"

[Vide Bihar Act 16 of 1984 sec 2 (wef 24-8-1984).

Haryana:

To sub-section (6) of section 24, the following Explanation shall be added, namely:—

"Explanation—For the purpose of sub-section (6), the persons constituting the Haryana State

Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B),

shall be deemed to be a regular Cadre of Prosecuting Officers"

[Vide Haryana Act 14 of 1985, sec 2

Karnataka:

In section 24 of the Principle Act, in sub-section (1),—

(i) the words "or the State Government shall", shall be omitted; and

(ii) for the words "appoint a Public Prosecutor" the words "or the State Government shall appoint

a Public Prosecutor" shall be substituted

[Vide Karnataka Act 20 of 1982, sec 2 (wef 3-9-1981).

Madhya Pradesh:

In section 24,—

(i) in sub-section (6), for the words, `brackets and figure "Notwithstanding anything contained in

sub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained in

sub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall

be deemed to have been substituted with effect from 18th December, 1978;

(ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have

been inserted with effect from 18th December, 1978, namely:—

"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may

appoint a person who has been in practice as an advocate for not less than seven years as the

Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to

appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the

person constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the

provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor

Additional Public Prosecutor under this sub-section";

(iii) in sub-section (7), after the words, bracket and figure "sub-section (6)", the words, brackets,

figure and letter "or sub-section (6-A)" shall be inserted and shall be deemed to have been

inserted with effect from 18th December, 1978; and

(iv) in sub-section (9), for the words, brackets and figure, "sub-section (7)", the words, brackets,

figures and letter "sub-section (6-A) and sub-section (7)" shall be substituted and shall be

deemed to have been substituted with effect from 18th December, 1978

(Vide MP Act 21 of 1995, sec 3 (wef 24-5-1995).

Maharashtra:

In section 24,—

(a) in sub-section (1), the words "after consultation with the High Court" shall be deleted;

(b) in sub-section (4), for the words "in consultation with the Sessions Judge" the words "with

the approval of the State Government", shall be substituted

[Vide Maharashtra Act 34 of 1981 sec 2 (wef 20-5-1981).

Rajasthan:

In section 24, sub-section (6) shall be substituted by the following, namely:—

"(6) Notwithstanding anything contained in sub-section (5), wherein a State there exists a regular

Cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an

Additional Public Prosecutor from among the persons constituting such Cadre"

[Vide Rajasthan Act 1 of 1981, sec 2 (wef 10-12-1980).

Tamil Nadu:

In section 24,—

(a) in sub-section (6), after the expression "sub-section (5)" insert the following, namely:—

"but subject to the provisions of sub-section (6-A)";

(b) after sub-section (6), insert the following sub-section namely:—

"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may

appoint a person who has been in practice as an advocate for not less than seven years, as the

Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to

appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the

persons constituting the Cadre of Prosecuting Officers in the State of Tamil Nadu and the

provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or

Additional Public Prosecutor under this sub-section"

(c) "In sub-section (7), after the expression "sub-section (6)" insert "or sub-section (6A)"

[Vide TN Act 42 of 1980 sec 2 (wef 1-12-1980).

Uttar Pradesh:

In section 24,—

(a) in sub-section (1), after the words "Public Prosecutor" the words, "and one or more

Additional Public Prosecutors" shall be inserted and be deemed always to have been inserted

(b) after sub-section (6), the following sub-section shall be inserted and be deemed always to

have been inserted, namely:—

"(7) For the purpose of sub-sections (5) and (6), the period during which a person has been in

practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public

Prosecutor or Assistant Public Prosecutor, shall be deemed to be the period during which such

person has been in practice as an advocate

[Vide UP Act 33 of 1978, sec 2 (wef 9-10-1978)

In section 24 hereinafter referred to as the said Code—

(a) in sub-section (1), the words "after consultation with the High Courts" shall be omitted;

(b) sub-sections (4), (5) and (6) shall be omitted;

(c) in sub-section (7), the words" or sub-section (6)" shall be omitted

[Vide UP Act 18 of 1991, sec 2 (wef 16-2-1991)

West Bengal:

In sub-section (6) of section 24, for the words "shall appoint a Public Prosecutor or an Additional

Public Prosecutor only" the words " may also appoint a Public Prosecutor or an Additional

Public Prosecutor" shall be substituted

[Vide WB Act 26 of 1990

In sub-section (6) of section 24, the proviso shall be omitted

[Vide WB Act 25 of 1992

Comments

Challenging the appointment of public prosecutor on the ground that was made in consultation

with collector and Session Judge and not with Metropolitan Magistrate is not held to be illegal;

Surapaneni Ram Prasad v Govt of Andhra Pradesh, 2000 Cr LJ 354 (AP) shall be inserted and

be deemed always to have been inserted

(b) after sub-section (6), the following sub-section shall be inserted and be deemed always to

have been inserted, namely:—

"(7) For the purpose of sub-sections (5) and (6), the period during which a person has been in

practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public

Prosecutor or Assistant Public Prosecutor, shall be deemed to be the period during which such

person has been in practice as an advocate

[Vide UP Act 33 of 1978, sec 2 (wef 9-10-1978)

In section 24 hereinafter referred to as the said Code—

(a) in sub-section (1), the words "after consultation with the High Courts" shall be omitted;

(b) sub-sections (4), (5) and (6) shall be omitted;

(c) in sub-section (7), the words" or sub-section (6)" shall be omitted

[Vide UP Act 18 of 1991, sec 2 (wef 16-2-1991).

West Bengal:

In sub-section (6) of section 24, for the words "shall appoint a Public Prosecutor or an Additional

Public Prosecutor only" the words " may also appoint a Public Prosecutor or an Additional

Public Prosecutor" shall be substituted

Vide WB Act 26 of 1990

In sub-section (6) of section 24, the proviso shall be omitted

Vide WB Act 25 of 1992.

Comments

Challenging the appointment of public prosecutor on the ground that was made in consultation

with collector and Session Judge and not with Metropolitan Magistrate is not held to be illegal;

Surapaneni Ram Prasad v Govt of Andhra Pradesh, 2000 Cr LJ 354 (AP)

25. Assistant Public Prosecutors

(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—

(a) if he has taken any part in the investigation into the offence with respect to which the

accused is being prosecuted; or

(b) if he is below the rank of Inspector

STATE AMENDMENTS

Orissa:

In sub-section (2) of section 25, the following proviso shall be inserted, namely:—

"Provided that nothing in this sub-section shall be construed to prohibit the State Government

from exercising its Control over Assistant Public Prosecutor through police officers"

Vide Orissa Act 6 of 1995 (wef 10-3-1995).

Uttar Pradesh:

In sub-section (2) of section 25, the following proviso shall be inserted and be deemed always to

have been inserted, namely:—

"Provided that nothing in this sub-section shall be construed to prohibit the State Government

from exercising its control over Assistant Public Prosecutor through police officers"

Vide UP Act 16 of 1976, sec 5 (wef 30-4-1976).

West Bengal:

For sub-section (3) of section 25, the following sub-section shall be substituted, namely:—

"(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case,

any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case—

(a) where the case is before the Court of Judicial Magistrate in any area in a sub-division,

wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or

(b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other

than the sub-division referred to in clause (a), wherein the headquarters of the Sub-divisional

Magistrate are situated, by the Sub-divisional Magistrate; or

(c) where the case is before the Court of a Judicial Magistrate in any area, other than the area

referred to in clauses (a) and (b), by a local officer (other than a police officer) specially

authorised by the District Magistrate in this behalf.

Explanation—For the purposes of this sub-section,—

(i) "advocate" shall have the same meaning as in the Advocates Act, 1961 (5 of 1961);

(ii) "local officer" shall mean an officer of the State Government in any area, other than the area

referred to in clauses (a) and (b).

Vide W B Act 17 of 1985, sec 3.