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 (w.e.f. 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 U.P. Act 16 of 1976, Section 5 (w.e.f. 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, Section 3.]
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