Section 20 - 25 : Criminal Procedure Code, 1973 (India)

Section 20 - 25 : Criminal Procedure Code, 1973 (India)

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.

[(4-A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District 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 AMENDMENTS :
PUNJAB. - Powers of Executive Magistrates. - Notwithstanding anything contained in the Code, -
(a) an Executive Magistrate shall, to the exclusion of any other Magistrate, have power to take cognizance of and to try and dispose of cases relating to specified offences;
(b) the Executive Magistrate shall, to the exclusion of any other Magistrate, exercise powers of remand under Section 167 of the Code in relation to the specified offences and for that purpose of the said Section 167 shall be so read as if the words "Judicial Magistrate" or "Magistrate" and the words "District Magistrate" were substituted for the words "Chief Judicial Magistrate". [Vide Punjab Act 22 of 1983 (w.e.f. 27th June, 1983].
UTTAR PRADESH. - After sub-section (5) of Section 20 of this Code the following sub-section shall be inserted -
(6) The State Government may delegate its powers under sub-section (4) to the District Magistrate. [U.P. Act No. 1 of 1984, S. 5 w.e.f. 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 Magistrates, as it may deem fit.

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 Prosecutors, 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 Prosecutors 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).

[Explanation. - For the purpose of this sub-section, -

(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;

(b) "Prosecuting Officer" means a person by whatever name called, appointment to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.]

(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.

[Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-Section.]

(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. - Sub-section (6) of Section 24 shall be substituted by following and deemed always to have been 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." [Bihar Act No. 16 of 1984, S. 2 w.e.f. 21-8-1984].
HARYANA. - Following Explanation shall be added to sub-sec. (6) of Section 24 of the Code-
"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." [Haryana Act No. 14 of 1985, S. 2, w.e.f. 29.11.1985].
KARNATAKA - In sub-section (1) of section 24 :-
(i) words and punctuation mark "or State Government shall" be omitted.
(ii) for the words "appoint a Public Prosecutor," substitute the words "or the State Government shall appoint a Public Prosecutor." [Karnataka Act No. 20 of 1982, S. 2, w.e.f. 3-9-1981].
MADHYA PRADESH - In its application to the State of Madhya Pradesh in Section 24 of the principal Act, -
(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 persons 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 or Additional Public Prosecutor under this sub-section;
(iii) in sub-section (7), after the words, brackets and figure "or sub-section (6)", the words, brackets, figures 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 "or sub-section (7)", the words, brackets, figures and letter "sub-sections (6-A) and (7)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978. [Vide M.P. Act 21 of 1995, Section 3, w.e.f. 24.1995].
MAHARASHTRA - In Section 24, -
(a) in sub-section (1), the words "after consultation with the High Court", shall be deleted;
(b) after sub-section (4), for the words "in consultation with the Sessions Judge," the words "with the approval of the State Government," shall be substituted. [Maharashtra Act No. 34 of 1981, S. 2. w.e.f. 25-5-1981].
RAJASTHAN - Sub-section (6) of section 24 shall be deemed always to have been substituted by the following -
"(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." [Rajasthan Act No. 1 of 1981 S. 2, w.e.f. 10-2-1980].
TAMIL NADU - (a) in sub-section (6) of section 24 after the expression "sub-section (5)", the following shall be inserted,
"but subject to the provisions of sub-section (6-A)";
(b) after sub-section (6), the following sub-section (6-A) shall be inserted, 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"; and
(c) in sub-section (7), after the expression "sub-section (6)", the expression "or sub-section (6 A)" shall be inserted. [Tamil Nadu Act No. 42 of 1980, S. 2, w.e.f. 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 shall be deemed always to have been inserted, namely :
"(7) For the purposes 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." [U. P. Act 33 of 1978, S. 2 w.e.f. 9-10-1978].
In Section 24 :
(a) in sub-section (1) the words "after consultation with the High Court," 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. [U.P. Act No. 18 of 1991, S. 2, w.e.f. 16-2-1991].
WEST BENGAL - In sub-section (6) of Section 24 :
(1) 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. [W.B. Act No. 26 of 1990, S. 3].
(2) In sub-section (6), the proviso shall be omitted
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.

[(1-A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class or 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 Section 25, sub-section(2), 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, Section 2, w.e.f. 10.3.1995].
UTTAR PRADESH. - In Section 25 sub-section (2) 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." [U.P. Act No. 16 of 1976, Sec. 5 w.e.f 30.4.1976].
WEST BENGAL . - For sub-section (3) of section 25 following sub- section shall be substituted:
(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 a 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) specifically 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;
(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)." [West Bengal Act No. 17 of 1985, Section 3
25-A. Directorate of Prosecution. - (1) 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 fir.

(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practing as an the concurrence of the Cheif Justice of the High Court.

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

(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.

(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-Section 1 or as the case may be, sub-section 8 of Section 24 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 as the case may be, sub-section 8, of Section 24 to conduct cases in the District Court and every Assistant Public Prosecutor appointed under sub-section 1 of Section 25 shall be subordinate to the Deputy Director of Prosecutor.

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

(8) The provisions of Section shall not apply to the Advocate General of the State while performing the functions of a Public Prosecutor.]
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