(1) For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
(2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting cases in that Court.
Legal Commentary & Landmark Judgments: Section 15
Section 15 provides for the appointment of Special Public Prosecutors, while Section 15A establishes a comprehensive, non-derogable statutory charter safeguarding the rights of atrocity victims and witnesses.
Section 15A transforms the Indian criminal justice framework from an adversarial contest between State and accused into a victim-centric model. By guaranteeing legal representation, travel costs, witness identity concealment, and immediate interim compensation, it insulates vulnerable complainants from post-FIR coercive settlements.