(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. (2) 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. (3) Without prejudice to provisions contained in sub-sections (1) and (2), 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 after giving notice of fourteen days to the State Government: Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he— (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) is below the rank of Inspector.
Bharatiya Nagarik Suraksha Sanhita
Section 19
Assistant Public Prosecutors
⚡ Quick Answer Reference: Section 19 BNSS
- Provision: Section 19 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: The State Government must appoint Assistant Public Prosecutors in every district to handle prosecutions in Magistrate Courts. The Central Government can also appoint them for specific cases. If no Assistant Public Prosecutor is available, the District Magistrate can appoint another person after giving 14 days' notice to the State Government. However, a police officer cannot be appointed if they were involved in the investigation or are below the rank of Inspector.
What does Section 19 of BNSS say?
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What does Section 19 of BNSS mean?
Plain English Explanation
The State Government must appoint Assistant Public Prosecutors in every district to handle prosecutions in Magistrate Courts. The Central Government can also appoint them for specific cases. If no Assistant Public Prosecutor is available, the District Magistrate can appoint another person after giving 14 days' notice to the State Government. However, a police officer cannot be appointed if they were involved in the investigation or are below the rank of Inspector.
Practical Interpretation
In real practice, this section ensures that there is a designated person to handle prosecutions in Magistrate Courts. If the designated person is not available, the District Magistrate can appoint another person, but with certain conditions.
Core Legal Purpose
The core purpose of this section is to ensure that there is a system in place for handling prosecutions in Magistrate Courts, and to provide a mechanism for appointing an Assistant Public Prosecutor when the designated person is not available.
- •The State Government must appoint Assistant Public Prosecutors in every district.
- •The Central Government can appoint Assistant Public Prosecutors for specific cases.
- •The District Magistrate can appoint another person as an Assistant Public Prosecutor if no one is available, after giving 14 days' notice to the State Government.
- •A police officer cannot be appointed as an Assistant Public Prosecutor if they were involved in the investigation or are below the rank of Inspector.
Practical Example of Section 19 BNSS
Rajesh, a District Magistrate, needs to appoint an Assistant Public Prosecutor to handle a case in the Magistrate Court. However, the designated Assistant Public Prosecutor is not available. Rajesh gives 14 days' notice to the State Government and appoints Priya, a lawyer, as the Assistant Public Prosecutor for that case. Priya is eligible for the appointment as she is above the rank of Inspector and was not involved in the investigation.
Frequently Asked Questions about Section 19 BNSS
Q: What is the punishment or consequence under Section 19 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically the State Government and the Central Government, as they are responsible for appointing Assistant Public Prosecutors.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 19 BNSS
What is Section 19 of BNSS?
Section 19 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Assistant Public Prosecutors". In plain terms: The State Government must appoint Assistant Public Prosecutors in every district to handle prosecutions in Magistrate Courts. The Central Government can also appoint them for specific cases. If no Assistant Public Prosecutor is available, the District Magistrate can appoint another person after giving 14 days' notice to the State Government. However, a police officer cannot be appointed if they were involved in the investigation or are below the rank of Inspector.
What is the punishment under Section 19 of BNSS?
Section 19 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 19 of BNSS bailable or non-bailable?
Whether Section 19 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 19 of BNSS?
The essential elements of Section 19 of BNSS are: The State Government must appoint Assistant Public Prosecutors in every district.; The Central Government can appoint Assistant Public Prosecutors for specific cases.; The District Magistrate can appoint another person as an Assistant Public Prosecutor if no one is available, after giving 14 days' notice to the State Government..
Landmark Judgments under Section 19 BNSS
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Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 19
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