BNSS 20 — Directorate of Prosecution.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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