Section 20 BNSS: Directorate of Prosecution (Formerly Section 25A CrPC)

Section 20 of Bharatiya Nagarik Suraksha Sanhita, 2023: Directorate of Prosecution

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The State Government may establish,—

(a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and

(b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.

(2) A person shall be eligible to be appointed,—

(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge;

(b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class.

(3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State.

(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution.

(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.

(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution.

(7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals.

(8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal.

(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years.

(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita.

(11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.

(12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Public Prosecutor Sec 2(1)(r)

Legal Commentary & Landmark Judgments: Section 20

Section 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the appointment, statutory qualifications, and service conditions of Public Prosecutors and Additional Public Prosecutors.

Appellate Remedies & Forum: Under Section 20, the Central Government or State Government is empowered to appoint Public Prosecutors and Additional Public Prosecutors for conducting prosecutions, appeals, and other proceedings in the High Court or Sessions Courts.
Appointment & Institutional Framework: Sub-sections (3) through (6) mandate that appointments for district sessions courts must be made from a panel of advocates prepared by the District Magistrate in consultation with the Sessions Judge, ensuring merit and judicial vetting.

A minimum standing of seven years at the Bar is required for regular prosecutors, while a Special Public Prosecutor under sub-section (8) requires at least ten years of continuous practice.

Key Landmark Precedents:

Shiv Kumar v. Hukam Chand (1999) 7 SCC 467: The Supreme Court emphasized that a Public Prosecutor is not a partisan persecutor or agent of the police, but an officer of the court and a minister of justice whose duty is to place all facts before the court impartially.
State of U.P. v. Johri Mal (2004) 4 SCC 714: Held that the office of the Public Prosecutor is a public office imbued with public trust; the selection process must be transparent, non-arbitrary, and free from extraneous political bias.

Legal Commentary:

Section 20 reinforces the independence of the prosecution wing from police investigators and political executive influence. In trial practice, challenging improper appointments or private counsel appearing without statutory appointment under Section 20 forms a key safeguard against malicious prosecution.