Section (2) u of the Criminal Procedure Code, 1973 defines “Public Prosecutor”, Section 24 explains about the “Public Prosecutors”, and section 25 explains about “Assistant Public Prosecutors.” His duty is to institute, undertake, or carry on criminal proceedings in any case against the Government and for the Government. He works for the Government. Section 25-U narrates about the establishment of “Directorate of Prosecution”.
Section (2) (u) defines “Public Prosecutors”. Public Prosecutor means any person appointed under section 24 and includes any person acting under the directions of a Public Prosecutor.
The Public Prosecutors are appointed from the District Magistrate’s Court to the High Court in every state. Section 24 explains about the appoint of the Public Prosecutor. It lays down that for every High Court, the Central Government or the State Government shall, after consultation with the High court appoint a Public Prosecutor and many 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.
The Central Government may appoint one or more Public Prosecutors, for the Purpose of conducting any case or cases in any district or local area. For every District, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district.
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. The State Government is not authorized to appoint any person as Public Prosecutor or Additional Public Prosecutor, whose name is not included in the panel of the names prepared by the District Magistrate.