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THE CODE OF CRIMINAL PROCEDURE, 1973
CONTENTS
CONSTITUTION
OF CRIMINAL COURTS AND OFFICES
10. Subordination of Assistant Sessions Judges
11. Courts of Judicial Magistrates
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
13. Special Judicial Magistrates
14. Local Jurisdiction of Judicial Magistrates
15. Subordination of Judicial Magistrates
16. Courts of Metropolitan Magistrates
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
18. Special Metropolitan Magistrates
19. Subordination of Metropolitan Magistrates
21. Special Executive Magistrates
22. Local Jurisdiction of Executive Magistrates
23. Subordination of Executive Magistrates
25. Assistant Public Prosecutors
CHAPTER
II
CONSTITUTION OF CRIMINAL
COURTS AND OFFICES
6. Classes of Criminal Courts. -
Besides the High Courts and the courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely: -
(i) Courts of Session;
in any Metropolitan area, Metropolitan Magistrate;
and
(iv). Executive Magistrate.
(1) Every State shall be a sessions division or shall consist of sessions divisions; and
every sessions division shall, for the purposes of this Code, be a district or
consist of districts: -
Provided that every metropolitan area shall,
for the said purposes, be a separate sessions division and district.
(2). The State Government may, after consultation with the High Court, alter the limits
or the number of such divisions and districts.
(3). The State Government may, after consultation with the High Court, divide any
district into sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The session’s divisions, districts and
sub-divisions existing in a State at the commencement of this Code, shall be
deemed to have been formed under this section.
8. Metropolitan areas. -
(1) The
State Government may, by notification, declare that as from such date as may be
specified in the notification, any area in the State comprising a city or town
whose population exceeds one million shall be a metropolitan area for the
purposes of' this Code.
(2) As from the commencement of this Code, each of the
Presidency-towns of Bombay, Calcutta, Madras, and the city of Ahmedabad shall
be deemed to be declared under
sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification,
extend, reduce or alter the limits of a metropolitan area but the reduction or
alteration shall not be so made as to reduce the population of such area to
less than one million.
(4) Where, after an area has been declared, or
deemed to have been declared to be, a metropolitan area, the population of such
area falls below one million, such area shall, on and from such date as the
State Government may, by notification, specify in this behalf cease to be a
metropolitan area; but notwithstanding such cesser, any inquiry, trial or
appeal pending immediately before Such cesser before any Court or Magistrate in
Such area shall continue to be dealt with under this Code, as if such cesser
had not taken place.
(5) Where the State Government reduces or
alters, under sub-section (3), the limits of any metropolitan area, such
reduction or alteration shall not affect any inquiry, trial or appeal pending
immediately before such reduction or alteration before any Court or Magistrate,
and every such inquiry, trial or appeal shall continue to be dealt with under
this Code, as if such reduction or alteration had not taken place.
Explanation: - In this section, the expression “population” means the Population as
ascertained at the last preceding census of which the relevant figures have
been published.
(1) The
State Government shall establish a Court of Session for every session’s
division.
(2) Every Court of Session shall be presided
over by a Jude, to be appointed by the High Court.
(3) The
High Court may also appoint Additional Sessions Judges and Assistant Sessions
Judges to exercise Jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division
may be appointed by the High Court to be also all Additional Sessions Judge of
another division, and in such case he may sit for the disposal of cases at such
place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is
vacant, the High Court may make arrangements for the disposal of any urgent
application which is, or may be, made or pending before such Court of Session
by an Additional or Assistant Sessions Judge, or, if there be no Additional or
Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions
divisions and every such Judge or Magistrate shall have jurisdiction to deal
with any such application.
(6) The Court of Sessions shall ordinarily
hold its sitting at such place or places as the High Court may, by
notification, specify; but, if, in any particular case, the Court of Session is
of opinion that it will tend to the general convenience of the parties and witnesses
to hold its sittings at any other place in the sessions division, it may, with
the consent of the prosecution and the accused, sit at that place for the
disposal of the case or the examination of any witness or witnesses therein.
Explanation. - For the purposes of this Code, “appointment” does not include the first
appointment, posting or promotion of a person by the Government to any Service,
or post in connection with the affairs of the Union or of a State, where under
any law, such appointment, posting or
promotion is required to be made by Government.
STATE AMENDMENTS
UTTAR PRADESH:
In section 9 after sub-section (5), the
following sub-section shall be inserted, namely: -
“(5-A) In the event of the death, resignation,
removal or transfer of the Sessions Judge, or of his being incapacitated by
illness or otherwise for the performance of his duties, or of his absence from
his place at which his Court is held, the senior most among the Additional
Sessions judges, and the Assistant Sessions Judges present at the place, and in
their absence the Chief Judicial Magistrate shall without relinquishing his
ordinary duties assume charge of' the office of the Sessions Judge and continue
in charge there of until the office is resumed by the sessions judge or assumed
by an officer appointed thereto, and shall subject to the provision of this
Code and any rules made by the High Court in this behalf', exercise any of the
powers of the Sessions Judge."
[Vide U.P. Act I of 1984, sec. 2 (w.e.f.
1-5-1984)).
In section 9, in sub-section (6), insert the
following proviso: -
“Provided that the Court of Sessions may hold,
or the High Court may direct the Court of Session to hold its sitting in any
particular case at any place in the Sessions Division, where it appears
expedient to do so for considerations of internal security or public order, and
in such cases, the consent of the prosecution and the accused shall not be
necessary.”
[Vide U.P. Act 16 of 1976. sec. 2].
WEST BENGAL:
To subsection (3) of'
section 9 the following provisos shall be added: -
“Provided that notwithstanding anything to the
contrary contained in this Code, Additional Sessions Judge in a sub-division,
other than the subdivision, by whatever name called, wherein the headquarters
of the Sessions Judges are situated, exercising, jurisdiction in a Court of
Session, shall have all the powers of' the Sessions Judge under this Code, in
respect of the cases and proceedings in the Criminal Courts in that sub-division,
for the purposes of sub-section (7) of session 1 16 sections 193 and, clause
(a) of' section 209 and sections 409, 439 and 449.
Provided further that the above powers shall
not be in derogation of' the powers otherwise exercisable by an Additional
Sessions Judge or a Sessions Judge under this Code.”
[Vide W.B. Act
24 of' 1988, sec. 3.]
10. Subordination
of assistant Sessions Judges. –
(1) All
Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court
they exercise jurisdiction.
(2) The
Sessions Judges may, from time to time, make rules consistent with this Code,
as to the distribution of business among such Assistant Sessions Judges.
(3) The
Sessions Judge may also make provision for the disposal of any urgent
application, in the event of his absence or inability to act, by an Additional
or Assistant Sessions Judge, or, if there be no Additional or Assistant
Sessions Judge, by the Chief Judicial Magistrate, and every, such Judge or
Magistrate shall be deemed to have jurisdiction to deal with any such
application.
11. Courts of
Judicial Magistrates. –
(1) In
every district (not being a metropolitan area), there shall be established as
many, Courts of Judicial Magistrates of the first class and of the second
class, and at such places, as the State Government may, after consultation with
the High Court, by notification, specify:
1[Provided
that the State Government may, after consultation with the High Court,
establish, for any, local area, one or
more Special Courts of Judicial Magistrate of the first class or of the second
class to try any particular case or particular class of cases, and where any
such Special Court is established, no other court of Magistrate in the local
area shall have jurisdiction to try any case or class of cases for the trial of
which such Special Court of Judicial Magistrate has been established.]
(2) The presiding officers of such Courts shall
be appointed by the High Courts.
(3) The High Court may, whenever it appears to
it to be expedient or necessary, confer the powers of a Judicial Magistrate of
the first class or of the second class on any member of the Judicial Service of
the State, functioning as a Judge in a Civil Court.
1. Added by Act
45 of 1978, sec. 3.
STATE AMENDMENTS
Andaman and Nicobar Island, Dadra and Nagar Haveli and Lakshadweep:
In sub-section (3) of section 11, for the
words “any member of the Judicial Service of the State functioning as a Judge
in a Civil Court” the words “any person discharging the functions of a Civil
Court” shall be substituted.
[Vide Regulation 1 of
1974 (w.e.f. 30-3-1974)].
Bihar:
After sub-section (3) of Section 11,the
following sub-section shall be inserted, namely: -
“(4) The State Government may likewise establish
for any local area one or more Courts of Judicial Magistrate of the first class
or second class to try any particular cases of particular class or categories
of cases.”
[Vide Bihar Act 8 of 1977, sec. 2 (w.e.f. 10-1-1977)].
Haryana:
After sub-section (1) of
Section 11, the following sub-section shall be inserted: -
“(1-A) The State
Government may likewise establish as many courts of Judicial Magistrate of the first
class and of the second class in respect to particular cases or particular
class or classes of cased, or to cases generally in any local area.”
[Vide Haryana Act 16 of 1976, sec. 2 (w.e.f. 24-2-1976)].
Kerala:
In section 11, after sub-section (1), the
following sub-section shall be inserted, namely: -
“(1-A) The State
Government may likewise establish as many special courts of Judicial Magistrate
of First Class in respect to particular cases or to a particular class or
particular classes or cases or in regard to cases generally, in any local area.
(2) The amendments made by sub-section (1)
shall be, and shall be deemed to have been, in force for the period commencing
from the 2nd day of December 1974 and ending with the 18th day of December 1978.
Validation. –Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal
Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to
establish any special Court of the Judicial Magistrate of the first class
having jurisdiction over more than one district shall be deemed to have been
issued under section 11 of the said code as amended by this Act and accordingly
such notification issued and any act or proceeding done or taken or purporting
to have been done or taken by virtue of it shall be deemed to be and always to
have been valid.”
[Vide Kerala Act 21 of
1987].
Punjab:
In sub-section (1) of
section 11, insert the following new sub-section: -
“(1-A) The State
Government may likewise establish as many courts of Judicial Magistrate of the
first class in respect to particular cases or to particular classes of cases,
or in regard to cases generally, in any local area.”
[Vide Punjab Act 9 of 1978, sec. 2 (w.e.f.
14-4-1978)].
Rajasthan:
In sub-section (1) of Section 11, the
following new sub-section shall be inserted, namely: -
“(1-A) The State
Government may likewise establish as many Courts of Judicial Magistrate of the
first class and of the second class in respect to particular cases, or to a
particular classes or cases, or in regard to cases generally, in any local
area.”
[Vide Rajasthan Act 10 of 1977, sec. 2 (w.e.f.
13-9-1977)].
Uttar Pradesh:
In section 11, the
following sub-section shall be inserted, namely: -
“(1-A) The State
Government may likewise establish as many Courts of Judicial Magistrate of the
first class and of the second class in respect to particular cases, or to a
particular class or particular classes of cases, or in regard to cases
generally, in any local area.”
[Vide U.P. Act 16 of 1976, sec. 3 (w.e.f.
30-4-1976)].
12. Chief Judicial Magistrate and Additional Chief Judicial
Magistrate, etc.-
(1) In every district (not being a metropolitan
area), the High Court shall appoint Judicial Magistrate of the first class to
the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial
Magistrate of the first class to be an Additional Chief Judicial Magistrate, and
such Magistrate shall have all or any of the powers of a Chief Judicial
Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
(3) (a) The
High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional
Judicial Magistrate and relieve him of the responsibilities specified in this
section as occasion requires.
(b) Subject to the general control of the Chief
Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have
and exercise, such powers of supervision and control over the work or the
Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the
sub-division as the High Court may, by general or special order, specify in
this behalf.
STATE AMENDMENTS
Nagaland:
In sub-section (1), (2) and (3) the words
“High Court” shall be substituted by the words “State Government” wherever they
occur.
[Vide Notification Law
170/74 Leg. dated 3-7-1975].
Uttar Pradesh:
After sub-section (3),
the following sub-section shall be inserted, namely: -
“(4) Where the office of the Chief Judicial
Magistrate is vacant or he is incapacitated by illness, absence or otherwise for
the performance of his duties, the senior-most among the Additional Chief
Judicial Magistrate and other judicial Magistrates present at the place, and in
their absence the district magistrate and in his absence the senior-most
Executive Magistrate shall dispose of the urgent work of the Chief judicial
Magistrate.”
[Vide U.P. Act 1 of 1984, sec. 3 (w.e.f. 1-5-1984)].
13. Special
Judicial Magistrates. –
(1) The
High Court may, if requested by the Central or State Government so to do,
confer upon any person who holds or has held any post under the Government all
or any of the powers conferred or conferrable by or under this Code on a
Judicial Magistrate 1[of the first class
or of the second class, in respect to particular cases or to particular classes
of cases, in any local area, not being a metropolitan area]:
Provided that no such power shall be conferred
on a person unless he possesses such qualification or experience in relation to
legal affairs as the High Court may, by rules, specify.
(2) Such
Magistrates shall be called Special Judicial Magistrates and shall be appointed
for such term, not exceeding one year at a time, as the High Court may, by
general or special order, direct.
2[(3) The
High Court may empower a Special Judicial Magistrate to exercise the powers of
a Metropolitan Magistrate in relation to any metropolitan area outside his
local jurisdiction.]
1. Subs by Act 45
of 1978 sec. 4 for certain wards.
2. Ins. by Act 45
of 1978, sec.4.
STATE AMENDMENTS
Andhra Pradesh:
In sub-section (2) of section 13, for
the words “not exceeding one year at a time” the words “not exceeding two years
at a time” shall be substituted and to the said subsection the following
proviso shall be added, namely: -
“Provided that nay person who is holding the
office of Special Judicial Magistrate at the commencement of the Code of
Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed
sixty-five years of age shall continue to hold office for a term of two years
from the date of his appointment.”
{Vide A.P. Act 2 of
1992].
Bihar:
In section 13 for the words “in any district”,
the words “in any local area” shall be substituted.
[Vide Bihar Act 8 of
1977, sec. (w.e.f. 10-1-1977)].
Haryana:
In section 13 of the principal Act, in
sub-section (1) for the words “second class”, the words “first class or second
class” and for the words “in any district”, the words “in any local area” shall
be substituted.
[Vide Haryana Act 16 of
1976, sec. 3 (w.e.f. 24-2-1976)].
HIMACHAL PRADESH: -
In section 13, for the words “in any district”
the words “in any local area” shall be substituted.
[Vide Act 40 of 1976 (w.e.f.
13.11.1976)].
PUNJAB AND UTTAR PRADESH:
In section 13 of the principal Act, in sub-section
(1) for the words “second class” the words “first class or second class” and
for the words “in any district”, the words “in any local area” shall be
substituted.
[Vide Punjab Act 9 of 1978, sec.3 (w.e.f. 14-4-1978) and U.P. Act 16 of 1976, sec. 4 (w.e.f.
5.1.1976)].
14. Local
Jurisdiction of Judicial Magistrates. –
(1) Subject
to the control of the High Court, the Chief Judicial Magistrate may, from time
to time, define the local limits of the areas within which the Magistrates
appointed under section 11 or under section 13 may exercise all or any of the
powers with which they may respectively be invested under this Code:
1[Provided
that the court of a Special Judicial
Magistrate may hold its sitting at any place within the local area for which it
is established].
(2) Except as otherwise provided by such
definition, the jurisdiction and powers of every such Magistrate shall extend
throughout the district.
2[(3) Where
the local jurisdiction of a Magistrate, appointed under section 11or section 13
or section 18, extends to an area beyond the district, or the metropolitan
area, as the case may be, in which he ordinarily holds court, any reference in
this Code to the Court of Session, Chief Judicial Magistrate or the Chief
Metropolitan Magistrate shall, in relation to such Magistrate, throughout the
area within his local jurisdiction, be construed, unless the context otherwise
requires, as a reference to the Court of Session, Chief Judicial Magistrate, or
Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in
relation to the said district or metropolitan area.]
1. Added by Act
45 of 1978 sec. 5.
2. Ins. by Act 45
of 1978, sec. 5.
STATE AMENDMENTS
MAHARASHTRA:
After session 14, the following
section shall be inserted, namely: -
“14-A Investing Judicial Magistrates with
jurisdiction in specified cases of local area – The High Court any judicial Magistrate with all or any of the powers
conferred or conferrable by or under this Code upon a Judicial Magistrate in
respect to particular cases or to a particular class or classes of cases,
generally, in any local area, consisting of all or any of the districts
specified by it in this behalf.”
[Vide Maharashtra Act 23
of 1976, sec. 2 (w.e.f. 10-06-1976)
15. Subordination
of Judicial Magistrates. -
(1) Every
Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every
other Judicial Magistrate shall, subject to the General control of the Session
Judge, the subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from
time to time, make rules or give special orders, consistent with this Code, as
to the distribution of business among the Judicial Magistrates subordinate to
him.
STATE AMENDMENT
Bihar:
After sub-section (2) of section 15, the
following sub-section shall be substituted, namely: -
“(3) Any judicial Magistrate exercising powers
over any local area extending beyond the district in which he holds his court,
shall be subordinate to the Chief Judicial magistrate of the said district and
reference in this code to the Sessions Judge shall be deemed to be references
to the Sessions Judge of that district where he holds his Court.”
[Vide Bihar Act 8 of
1977, sec. 4 (w.e.f. 10-1-1977)].
16. Courts of
Metropolitan Magistrates. –
(1) In
every metropolitan area, there shall be established as many courts of
Metropolitan Magistrates, and at such places, as the State Government may,
after consultation with the High Court, by notification, specify.
(2) The presiding officers of such courts
shall be appointed by the High Court.
(3) The
jurisdiction and powers of every Metropolitan Magistrate shall extend
throughout the metropolitan area.
STATE AMENDMENT
Uttar Pradesh:
In section 16 after sub-section (3), the
following sub-section shall be inserted, namely: -
“(4) Where the office of the Chief Metropolitan
Magistrate is vacant or he is incapacitated by illness, absence or otherwise
for the performance of his duties, the senior most among the Additional Chief
Metropolitan Magistrates and other Metropolitan Magistrates present at the
place, shall dispose of the urgent work of the Chief Metropolitan Magistrate.”
[Vide U.P. Act 1 of 1984, sec. 3 (w.e.f. 1-5-1984)].
17. Chief Metropolitan Magistrate and Additional Chief
Metropolitan Magistrate. –
(1) The
High Court shall, in relation to every metropolitan area within its local
jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan
Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an
Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or
any of the powers of a Chief Metropolitan Magistrate under this Code or under any
other law for the time being in force as the High Court may direct.
18. Special
Metropolitan Magistrates. -
(1) The
High Court may, if requested by, any Central or State Government so to do,
confer upon any person who holds or has held any post under the Government, all
or any of the powers conferred or conferrable by or under this Code on a
Metropolitan Magistrate, in respect to particular cases or to particular
classes of cases If 1[***] in any
metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred
on a person unless he possesses such qualification or experience in relation to
legal affairs as the High Court may, by rules, specify.
(2) Such
Magistrates shall be called Special Metropolitan Magistrates and shall be
appointed for such term, not exceeding one year at a time, as the High Court
may, by general or special order, direct.
2(3) The High Court or the State Government, as the case
may be, may empower nay Special Metropolitan Magistrate to exercise, in any
local area outside the metropolitan area, the powers of a Judicial Magistrate
of the first class.
1. The words “or
to cases generally” omitted by Act 45 of 1978 sec. 6.
2. Subs.
by Act 45 of 1978 sec. 6, for sub-section (3).
STATE
AMENDMENTS
ANDHRA PRADESH:
In section (2) of 18, for the
words “not exceeding one year at a
time” the words “not exceeding two years at a time” shall be substituted and to
the sub-said section the allowing proviso shall he added, namely: -
“Provided that a person who is holding the
office of' Special Metropolitan Magistrate at the commencement of the Code of
Criminal Procedure (Andhra Pradesh
Amendment) Act, 1992 and has not completed sixty-five years of age shall
continue to hold office for a term of two years from the date of his
appointment.
[Vide A.P. Act 2 of 1992 (date
of enforcement yet to he notified)].
MAHARASHTRA:
In sub-section (1) of section 18 for the words “in any metropolitan area” the words “in one or more metropolitan areas” shall be
substituted.
[Vide Maharashtra Act 23 of 1976, sec. 3 (w.e.f. 10-06-1976)]
19. Subordination
of Metropolitan Magistrates. –
(1) The
Chief Metropolitan Magistrate and every Additional Chief Metropolitan
Magistrate shall be subordinate to the Sessions Judge, and every other
Metropolitan Magistrate shall, subject to the general control of the Sessions
Judge, be subordinate to the Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of
this Code, define the extent of the subordination if any, of the Additional
Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may,
from time to time, make rules or give special orders, consistent with this
Code, as to the distribution of business among the Metropolitan Magistrates and
as to the allocation of business to an Additional Chief Metropolitan
Magistrate.
20. Executive
Magistrates. –
(1) In
every district and in every metropolitan area, the State Government may appoint
as many persons as it thinks fit to be Executive Magistrates and shall appoint
one of them to be the District Magistrate.
(2) The State Government may appoint any
Executive Magistrate to be an Additional District Magistrate, and such
Magistrate shall have 1[such) of the
powers of a District Magistrate under this Code or under any other law for the
time being in force 2[as may be directed
by the State Government].
(3) Whenever, in consequence of the office of
a District Magistrate becoming, vacant, any officer succeeds temporarily to the
executive administration of the district, such officer shall, pending the order
of the State Government, exercise all the powers and perform all the duties
respectively conferred and imposed by this code on the District Magistrate.
(4) The
State Government may place an Executive Magistrate in charge of sub-division
and may relieve him of the charge as occasion requires; and the Magistrate so
placed in charge of a sub-division shall be called the sub-divisional
Magistrate.
(5) Nothing in this section shall preclude the
State Government from conferring, under any law for the time being in force, on
a Commissioner of Police, all or any of the powers of an Executive Magistrate
in relation to a metropolitan area.
1. Subs.
by Act 45 of 1978 sec. 7. for “all or any”
2. Ins. by Act 45
of 1978 sec. 7.
STATE AMENDMENT
Uttar Pradesh:
In section 20 after sub-section (5), the
following sub-section shall be inserted, namely: -
“ (6) The State Government may delegate its powers
under sub-section (4) to the District Magistrate”
[Vide U.P. Act 1of 1984, section 5
(w.e.f. 1-5-1984)]
21. Special
Executive Magistrates. - The
State Government may appoint, for such term as it may think fit, Executive
Magistrates, to be known as Special Executive Magistrates for particular areas
or for the performance of particular functions and confer on such special
Executive Magistrates such of the powers as are conferrable under this Code on
Executive Magistrate, as it may deem fit.
22. Local
Jurisdiction of Executive Magistrates. -
(1) Subject to the control of the State
Government, the District Magistrate may, from time to time, define the local
limits of the areas within which the Executive Magistrates may exercise all or
any of the powers with which they may be invested under this Code
(2) Except as otherwise provided by such
definition, the jurisdiction and powers of every such Magistrate shall extend
throughout the district.
23. Subordination
of Executive Magistrates. –
(1) All
Executive Magistrates, other than the Additional District Magistrate, shall be subordinate
to the District Magistrate, and every Executive Magistrate (other than the
Sub-divisional Magistrate) exercising powers in a Sub –division shall also be
subordinate to the Sub-divisional Magistrate, subject, however, to the general
control of the District Magistrate.
(2) The District Magistrate may, from time to
time, make rules or give special orders, consistent with this Code, as to the
distribution of business among the Executive Magistrates subordinate to him and
as to the allocation of business to an additional District Magistrate.
1[24. 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 Prosecutor 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 districts 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
consolation with the Sessions Judge, prepare, a panel of names of persons, who
are, in his opinion fit to be appointed
as Public Prosecutor 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) Not withstanding 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 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).
(7) A person shall be eligible to be appointed
as a 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.
(9) For the purposes of sub-section (7) and
sub-section (8), the period during which a person has been in practice, is a
pleader, or has rendered (whether before or after the commencement of this
Code) 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.]
1. Subs, by Act
45 of 1978 sec. 8, for section 24.
STATE AMENDMENTS
Bihar:
In section 24, for subsection (6) the following
sub-section shall be substituted: -
“(6) Notwithstanding anything contained in
sub-section (5) where in a State there exists a in a State there exists a
regular Cadre of prosecuting officers, the State Government may also appoint a
Public Prosecutor from among the persons constituting such Cadre. --
[Vide Bihar Act 16 of 1984 sec. 2 (w.e.f.
24-8-1984].
Haryana:
To Sub-section (6) of section
24, the following Explanation shall be added, namely: -
“Explanation. -For the Purpose of sub-section (6), the persons constituting the Haryana State
Prosecution Legal Service (Group A) or
Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular Cadre of Prosecuting
Officers.
[Vide Haryana Act 14 of
1985, sec. 21.
Karnataka:
In section 24 of
the Principle Act, in sub-section (1), -
(i) The words “or the State Government
shall”, shall be omitted; and
(ii) For the words “appoint a Public
Prosecutor” the words “or the State Government shall appoint a Public
Prosecutor” shall be substituted.
[Vide Karnataka Act 20 of 1982, sec. 2 (w.e.f.
3-9-1981)].
Madhya Pradesh:
In section 24, -
(i) In sub-section (6), for the words,
‘rackets and figure “Notwithstanding anything contained in subsection (5)”, the
words, brackets, letter and figures “Notwithstanding anything contained in
sub-section (5), but subject to the provisions of sub-section (6-A)” shall be
substituted and shall be deemed to have been substituted with effect from 18th
December, 1978;
(ii) After sub-section (6), the following
sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December
1978, namely:
“(6-A) Notwithstanding
anything contained in sub-section (6), the State Government may appoint a
person who has been in practice as an advocate for not less than seven years as
the Public Prosecutor or Additional Public Prosecutor for the district and it
shall not be necessary to appoint the Public Prosecutor or Additional Public
Prosecutor for the district from among the person constituting the Cadre of
Prosecution Officers in the State of Madhya Pradesh and the provisions of
sub-section (4) and (5) shall apply to the appointment of a Public Prosecutor
Additional Public Prosecutor under this sub-section”:
(iii) In sub-section (7), after the words,
bracket and figure “sub-section (6)”, the words, brackets, figure and letter
“or sub-section (6-A)” shall be inserted and shall be deemed to have been
inserted with effect from 18th December, 1978: and
(iv). In sub-section (9), for the words, brackets
and figure, “sub-section (7)”, the words, brackets, figures and letter
“sub-section (6-A) and sub-section (7)” shall be substituted and shall be
deemed to have been substituted with effect from 18th December 1978.
(Vide M.P. Act 21 of 1995, sec. 3 (w.e.f.
24-5-1995).
Maharashtra:
In section 24, -
(a) In sub-section (1), the words “after consultation
with the High Court” shall be deleted;
(b) In sub-section (4), for the words “in
consultation with the Sessions Judge” the words “with the approval of the State
Government”, shall be substituted.
[Vide Maharashtra Act 34 of 1981 sec. 2 (w.e.f 20-5-1981)].
Rajasthan:
In section 24,
sub-section (6) shall be substituted by the following, namely: -
“(6) Notwithstanding anything contained in
sub-section (5), wherein a State there exists a regular Cadre of Prosecuting Officers,
the State Government may also appoint a Public Prosecutor or an Additional
Public Prosecutor from among the persons constituting such Cadre.”
[Vide Rajasthan Act I of 1981, sec. 2 (w.e.f.
10-12-1980)].
Tamil Nadu:
In section 24 –
(a) . In sub-section (6), after the
expression “sub-section (5)” insert the following. Namely: -
“But subject to the
provisions of sub-section (6-A)”:
(b) After sub-section (6), insert the following
sub-section namely. –
“(6-A) Notwithstanding
anything contained in sub-section (6), the State Government may appoint a
person who has been in practice as an advocate for not less than seven years,
as the Public Prosecutor or Additional Public Prosecutor for the district and
it shall not be necessary to appoint the Public Prosecutor or Additional Public
Prosecutor for the district from among the
persons constituting the Cadre of Prosecuting Officers in the State of, Tamil
Nadu and the provisions of sub-sections (4) and (5) shall apply, to the appointment
of a Public Prosecutor or Additional Public Prosecutor under this sub-section.”
(c) “In sub-section (7), after the expression
“sub-section (6)” insert “or sub-section (6A)”.
[Vide T.N. Act 42 of 1980 sec. 2 (w.e.f 1-12-1980)].
Uttar Pradesh:
In section 24, -
(a) In subsection (1) after the words “Public
Prosecutor” the words and one or more Additional Public Prosecutors shall be
inserted and be deemed always to have
been inserted.
(b) After sub-section (6), the following
sub-section shall be inserted and be deemed always to have been inserted, namely: -
“(7) For the purpose of sub-sections (5) and (6),
the period during which a person has been in practice as a pleader, or has
rendered service as a Public Prosecutor, shall be deemed to be the period
during which such person has been in practice as an advocate.
[Vide U.P. Act 33 of 1978, sec. 2 (w.e.f.
9-10-1978)].
In section 24 hereinafter referred to as the said
Code-
(a) In sub-section (1), the words “after
consultation with the High Courts” shall be omitted;
(b) Sub-sections (4), (5) and (6) shall be
omitted;
(c) In
subsection (7), the words “or sub-section (6)” shall be omitted.
[Vide U.P. Act 18 of 1991, sec. 2 (w.e.f 16-2-1991)].
West Bengal:
In subsection (6) of section 24, for the words
“shall appoint a Public Prosecutor or an Additional Public Prosecutor only” the
words “may also appoint a Public Prosecutor or an Additional Public Prosecutor”
shall be substituted.
[Vide W.B. Act 26 of 1990.]
In Sub-section (6) of'
section 24, the proviso shall be omitted.
[Vide, W.B. Act 25 of
1992].
25. Assistant
Public Prosecutors. -
(1) The
State Government shall appoint in every district one or more Assistant public
Prosecutors for conducting prosecutions in the courts of Magistrates.
1[(1A) The Central Government may appoint one or
more Assistant Public Prosecutors for the purpose of conducting any case or
class of cases in the courts of Magistrates]
(2) Save as otherwise provided in sub-section
(3), no police officer shall be eligible to be appointed as an Assistant Public
Prosecutor.
(3) Where
no Assistant Public Prosecutor is available for the purposes of any particular
case, the District Magistrate may appoint any other person to be the Assistant
Public Prosecutor in charge of that case:
Provided that a police officer shall not be so
appointed-
(a) If he has taken any part in the
investigation into the offence with respect to which the accused is being
prosecuted: or
(b) If he is below the rank of Inspector.
1. Ins. by Act 45 of 1978, sec. 9.
STATE AMENDMENTS
Orissa:
In subsection (2) of- section 25, the following
proviso shall be inserted, namely: -
“Provided that nothing in this sub-section
shall be construed to prohibit the State government from exercising its Control over Assistant Public
Prosecutor through police officers.
[Vide Orissa Act 6 of' 1995 (w.e.f 10-3-1995).
Uttar Pradesh:
In subsection (2) of' section 25, the
following proviso shall be inserted and be deemed always to have been inserted, namely: -
“Provided that nothing in this subsection
shall be construed to prohibit the State Government from exercising its control
over Assistant Public Prosecutor through police officers.”
[Vide U.P. Act 16 of 1976. sec. 5 (w.e.f
30-4-1976)].
West Bengal:
For subsection (3) of section 25,the following
sub-section shall be substituted, namely: -
“(3) Where
no Assistant Public Prosecutor is available for the purposes of any particular
case, any advocate may be appointed to
be the Assistant Public Prosecutor in charge of that case. –
(a). Where the case is before the court of
Judicial Magistrate in any area in sub-division, where the headquarters of the
District Magistrate are situated, by the District Magistrate; or