Lok Sabha Question No. 3668 (UNSTARRED), answered on 2025-03-21
Subject: Appointment of Public Prosecutors
Ministry: LAW AND JUSTICE
Asked by: Smt. Sajda Ahmed

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3668

## TO BE ANSWERED ON FRIDAY, THE 21-03-2025

## Appointment of Public Prosecutors

3668. Smt. Sajda Ahmed:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Government  is  aware  that  the  appointment  of  public prosecutors is often influenced by political favoritism and nepotism, leading to the undermining of merit-based selection as per the observation made by Supreme Court;
- (b)   the  measures  being  taken  to  ensure  that  the  appointment  process  for public  prosecutors  is  transparent,  merit-based  and  free  from  political interference; and
- (c) whether Government  is considering to establish an independent commission or implementing judicial oversight to ensure fair and impartial appointments of public prosecutors, if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

- (a) to (c): Section 18 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 contains provisions relating to appointment of Public Prosecutors which are as under-

## 18.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  the  State Government, as the case may be: Provided that for National Capital Territory  of  Delhi,  the  Central  Government  shall,  after  consultation

with  the  High  Court  of  Delhi,  appoint  the  Public  Prosecutor  or Additional Public Prosecutors for the purposes of this sub-section.

- (2) The Central Government  may  appoint one or more Public Prosecutors for the purpose of conducting any case 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 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 purposes of this sub-section,--

- (a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which includes therein the post of 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, appointed  to  perform  the  functions  of  a  Public  Prosecutor,  Special Public  Prosecutor,  Additional  Public  Prosecutor  or  Assistant  Public Prosecutor under this Sanhita.

(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  subsection.

(9) For the purposes of sub-section (7) and sub-section (8), the period during  which  a  person  has  been  in  practice  as  an  advocate,  or  has rendered (whether before or after the commencement of this Sanhita) 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.

The Special Public Prosecutors (SPPs) are appointed, wherever applicable, to represent the Ministries/Departments before the Courts as per their respective Office Memorandum/Circulars/Instructions in view of the relevant provision of the Section 18 of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, erstwhile Code of Criminal Procedure, 1973.

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