Section 20 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

Section 20 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

20. (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.

 

 

Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh

+91-9463742964

advanoopverma@gmail.com

www.vlaoffice.com/contact-us

 

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