(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.
Bharatiya Nagarik Suraksha Sanhita
Section 20
Directorate of Prosecution
⚡ Quick Answer Reference: Section 20 BNSS
- Provision: Section 20 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: This section establishes a Directorate of Prosecution in each state, headed by a Director of Prosecution, to oversee and manage prosecution services, including appointing public prosecutors and monitoring cases.
What does Section 20 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 20 of BNSS mean?
Plain English Explanation
This section establishes a Directorate of Prosecution in each state, headed by a Director of Prosecution, to oversee and manage prosecution services, including appointing public prosecutors and monitoring cases.
Practical Interpretation
In practice, this section ensures that prosecution services are efficiently managed and supervised, with clear lines of authority and responsibility, to facilitate the effective administration of justice.
Core Legal Purpose
The core purpose of this section is to create a structured and accountable prosecution system, ensuring that cases are handled professionally and expeditiously, and that the interests of justice are served.
- •The State Government has the power to establish a Directorate of Prosecution and appoint its officers.
- •Eligibility criteria for appointment as Director, Deputy Director, or Assistant Director of Prosecution are specified, including years of practice as an advocate or judicial experience.
- •The Director of Prosecution has the power to monitor cases punishable with ten years or more imprisonment, and give opinions on filing appeals.
- •Public Prosecutors are subordinate to the Director or Deputy Director of Prosecution, depending on the court in which they practice.
Practical Example of Section 20 BNSS
For instance, if Rajesh, a public prosecutor in Mumbai, is handling a case involving a serious offence punishable with life imprisonment, he would be subordinate to the Director of Prosecution, who would monitor the case and provide guidance on its handling. Meanwhile, the Deputy Director of Prosecution would oversee cases punishable with seven years or more imprisonment, but less than ten years, ensuring their expeditious disposal.
Frequently Asked Questions about Section 20 BNSS
Q: What is the punishment or consequence under Section 20 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 the establishment and functioning of the Directorate of Prosecution, which is a public entity, and to public prosecutors appointed by the State Government.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable, as it is primarily concerned with the establishment and functioning of the prosecution directorate.
Common Questions about Section 20 BNSS
What is Section 20 of BNSS?
Section 20 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Directorate of Prosecution". In plain terms: This section establishes a Directorate of Prosecution in each state, headed by a Director of Prosecution, to oversee and manage prosecution services, including appointing public prosecutors and monitoring cases.
What is the punishment under Section 20 of BNSS?
Section 20 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 20 of BNSS bailable or non-bailable?
Whether Section 20 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 20 of BNSS?
The essential elements of Section 20 of BNSS are: The State Government has the power to establish a Directorate of Prosecution and appoint its officers.; Eligibility criteria for appointment as Director, Deputy Director, or Assistant Director of Prosecution are specified, including years of practice as an advocate or judicial experience.; The Director of Prosecution has the power to monitor cases punishable with ten years or more imprisonment, and give opinions on filing appeals..
Landmark Judgments under Section 20 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 20
Ask Nyaya AI About Section 20
Select a pre-configured prompt to run this section through the grounded research engine.