The provision relating to Public Prosecutor, under the Code of Criminal

Section 2(4) of Code says "Public Prosecutor" means any person appointed under section 24 and includes any person acting under the directions of Public Prosecutor.

Since in criminal cases State is in the prosecutor, the State is represented in the Court by the Public Prosecutor. In the High Courts and Court of Sessions the State Government is represented by Public Prosecutor and in the Court of Magistrate by the Assistant Public Prosecutor.

The provisions of the Criminal Procedure Code regarding the appointment of Public Prosecutors are contained in Section 24, which provides as herein under :-

(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 Addl. 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 Addl. 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, the Government may appoint a person as Public Prosecutor or Addl. Public Prosecutor, as the case may be from the panels of names prepared under sub- section (4).

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Addl. Public Prosecutor under sub-section (1), (2) or (3) or (6), only if he is in practice as an advocate for not less than 7 years.

(8) The Central Government or the State Government may appoint for the purpose of any case or class of cases, a person who has been in practice for not less than ten years, as a Special Public Prosecutor.

(9) For the purpose of sub-sections (7) and (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after commencement of this Code) service as a Public Prosecutor or as an Addl. Public Prosecutor or as Assistant Public Prosecutor or other Prosecution Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.

In State of Rajasthan v. Manohar 1981(2) SCC 525, it was held that notification by State Government appointing Advocate General is to be public prosecutor under section 24 Criminal P.C. - Another Notification by Advocate General authorising law officers including Deputy Advocate General to act, plead and argue in all matters covered by code - Held - Deputy Advocate General was public servant.

In R. Sarala v. T.S. Velu and others AIR 2000 SC 1731, it was observed that role of Public Prosecutor is inside the court and it commences after investigating agency presents the case in court after completion of investigation. Therefore, involving Public Prosecutor in investigation is injudicious and an investigating officer can not be directed to consult the Public Prosecutor before filling his report under section 173 Cr. P.C.

According to section 25 an Assistant Public Prosecutor is appointed to conduct prosecutions in the Courts of Magistrates. They are appointed by the State Government. No police officer is eligible for appointment as such but in a case for which no Assistant Public Prosecutor is available, the District Magistrate may appoint any other person to be Assistant may also be so appointed but such police officer should not be below the rank of an Inspector or and he should not have participated in the investigation of the case being prosecuted. A new sub-section (1-A) to Section 25 of the Code has been inserted by the Amendment Act, 1978, by which Central Government may also appoint Assistant Public Prosecutors for conducting cases in the Court of Magistrate.

In S.B. Shane v. State AIR 1995 SC 1628, it was observed that according to section 25 there is statutory obligation imposed on the state or Central Government to appoint one or more Asst. Public Prosecutors in every district for conducting prosecutions in the Magistrate Courts and of making such Assit. Public Prosecutors independent of the Police Department by constituting separate cadre of such Asst. Public Prosecutor and creating a separate Prosecution Department and its Head directly responsible to Govt. for such Department's work.