•Section 20 (1) (a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides
•that the State Government may establish a Directorate of Prosecution in the
State.
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v.The Director of Prosecution shall ensure adherence to
•substantive and procedural law and rectify any deficiencies that
•may compromise justice. Director of Prosecution may, therefore,
•during, inquiry or trial, give opinion and suggestions as and when
•the advice is sought by the Investigating Officer, for upholding the
justice.
vi.The Director of Prosecution shall ensure the presence,
•appearance, and effective performance of all prosecuting officers
•before the courts and issue standing orders or written directions
•as may be necessary to secure their pu nctual attendance and to
•guarantee effective representation of the State in all proceedings.
vii.The Director shall organise capacity building and continuing legal
•education programmes for prosecuting officers and shall also
•submit periodic recommendations to the Government for the
•systematic improvement of prosecutorial standards.
viii.The Director shall conduct quarterly performance evaluations of
•all prosecuting officers and submit efficiency reports as
•prescribed within the stipulated time.
ix.The Director of Prosecution shall ensure the effective
•functioning and utilization of the e -Prosecution portal and other
•technology-based initiatives across the state.
x.The Director may, upon request or whenever the ends of justice
•so require, tender formal legal advice t o any prosecuting officer
•in relation to a criminal matter under that officer’s charge.
xi.The Director may obtain, through the Deputy Director of
•Prosecution, periodic returns and analytical statements
•concerning the conduct of prosecutions before the Sessions
•Courts and Magistrates’ Courts, in such form and at such
•intervals as the Director may prescribe for maintaining
•prosecutorial quality.
xii.The Director may, with the prior approval of the State
•Government, nominate a subordinate officer to coordinate with
•the Advocate-General or Additional Advocate-General in relation
•to any serious criminal case pending before the High Court or
•the Supreme Court of India.
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• Powers of Director of Prosecution
i.The Director of Prosecution shall have the power to requisition any
•report, return, case file, or other document, as he may deem
•necessary, from every Public Prosecutor and Additional Public
•Prosecutor appointed under sub -section (1) of section 18 of the
•Bharatiya Nagarik Suraksha Sanhita, 2023, an d from every Special
•Public Prosecutor appointed under sub -section (8) of the said section
•excluding the Advocate General and Additional Advocate General for
•the purpose of evaluating their performance or for preparing or drafting
•the replies/submissions t o be filed in any proceedings before the High
Court.
ii.In term of sub section (7) of section 20 of the
•Bharatiya Nagarik Suraksha Sanhita, 2023, director shall have the
•power to monitor cases having punishment of ten years or above, life
•imprisonment or death and, without prejudice thereto, shall oversee the
•steady progress and timely disposal of all other criminal cases pending
•before the courts within the State.
iii.The Director shall have the power to call upon, all prosecuting officers
•to submit daily elec tronic work -reports through the designated digital
•prosecution platform and shall ensure that the platform remains
•functional and secure.
iv.The Director shall have the power to issue standing orders and
•administrative directions, consistent with section 20 of the
•Bharatiya Nagarik Suraksha Sanhita, 2023, with the prior approval of
•the Government, for the efficient and effective functioning of the
•prosecutorial service.
v.The Director shall exercise such additional powers as the State
•Government may from time to time confer by general or special order
•in accordance with sub -section (11) of section 20 of the Bharatiya
•Nagarik Suraksha Sanhita, 2023.
vi.The Director may, by written order and subject to any conditions
•specified therein, delegate any power conferred by these Guidelines to
•an officer subordinate to the Director; every such delegation shall be
•revocable and shall not prevent the Director from exercising the power
concurrently.
•That the eligibility for the appointment of Director of Prosecution, Deputy
•Director of Prosecution and Assistant Director of Prosecution shall be
•governed by section 20 (2) (a) and section- 20 (2) (b) of the Bharatiya Nagarik
•Suraksha Sanhita, 2023.
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•B) Deputy Director of Prosecution at District Level
• Powers of Deputy Director of Prosecution At District Level
i.The Deputy Director of Prosecution shall exercise immediate
•control and supervision over every prosecution instituted on
•behalf of the State in respect of cases pertaining to the offence
•punishable for seven years or more, but less than ten years, for
•ensuring their expeditious disposal before any criminal court in
•the district. He shall also monitor the progress of every such
case.
ii.The Deputy Director of Prosecution shall secure the punctual
•attendance and diligent performance of each Public Prosecutor,
•Additional Public Prosecutor, Special Public Prosecutor and
•Assistant Public Prosecutor before the courts of that district.
iii.The Deputy Director of Prosecution may solicit and record
•written comments or lega l opinions from prosecuting officers
•and shall process those submissions for appropriate action,
•including the issuance of directions or reference to the Director
•of Prosecution.
iv.The Deputy Director of Prosecution shall conduct periodic
•evaluations of the work of all prosecuting officers in the district,
•prepare efficiency reports in the form prescribed by the Director
•of Prosecution and transmit those reports within the stipulated
time.
v.The Deputy Director of Prosecution shall ensure that every
•appeal, revision or other proceeding filed by or on behalf of the
•Government within the district is instituted within the statutory
•period and is diligently prosecuted until final disposal.
vi.The Deputy Director of Prosecution shall design and implement
•capacity-building initiatives for prosecuting officers and shall
•continuously strive to enhance the quality of prosecution work in
•the district.
vii.The Deputy Director of Prosecution shall discharge such
•additional duties as the State Government, or the Director of
•Prosecution may assign by general or special order.
viii.In accordance with sub -section (8) of section 20 of the
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•Bharatiya Nagarik Suraksha Sanhita, 2023, the Deputy Director
•of Prosecution shall examine /scrutinise the police reports and
•monitor the prosecution of offences punishable with
•imprisonment of seven years or more but less than ten years,
•ensuring their prompt and lawful disposal.
ix.The Deputy Director of Prosecution shall supervise the conduct
•of trials handle d by Additional Public Prosecutors and Assistant
•Public Prosecutors within the district and shall provide guidance
•or intervention whenever prosecutorial efficiency so requires.
x.The Deputy Director of Prosecution shall convene monthly
•coordination meeting s with all prosecuting officers, review
•caseloads and performance metrics, and submit a consolidated
•report of the proceedings to the Director of Prosecution.
xi.The Deputy Directors of Prosecution shall compile and submit
•quarterly reports to the Director o f Prosecution, Secretary
•(Home), or Additional Secretary (Home) concerning the disposal
•of cases in the district.
•C) Assistant Director of Prosecution
• Powers and Functions of the Assistant Director of Prosecution
i.The Assistant Director of Prosecution shall supervise and
•ensure the proper conduct of every prosecution instituted on
•behalf of the State Government before the Magistrates’ Courts
•of the district.
ii.The Assistant Director of Prosecution shall examine police
•reports and monitor the prosecution of offences punishable with
•imprisonment for less than seven years and shall adopt every
•lawful measure necessary to secure their prompt and orderly
disposal.
iii.The Assistant Director of Prosecution shall assist the Director of
•Prosecution and the Deputy Director of Prosecution in making
•interim or additional charge arrangements for Assistant Public
•Prosecutors within the district whenever circumstances so
require.
iv.The Assistant Director of Prosecution shall administer the
•e-Prosecution portal at the district level, and shall ensure that
•prosecuting officers upload opinions, case -status updates and
•disposal details accurately and within the time -frames
•prescribed by the Director of Prosecution.
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v.The Assistant Director of Prosecution shall enforce strict
•compliance by all prosecuting officers with every instruction
•issued by the Director of Prosecution or the Deputy Director of
Prosecution.
vi.The Assistant Director o f Prosecution may conduct surprise
•inspections of the offices of Assistant Public Prosecutors within
•the district and shall, within forty -eight hours of each inspection,
•submit a written report to the Director of Prosecution.
vii.The Assistant Director of Pr osecution may convene a monthly
•review meeting of all Assistant Public Prosecutors in the district,
•record the proceedings in the form prescribed and forward the
•minutes, together with any recommendations, to the Director of
•Prosecution within seven days.
viii.The Assistant Director of Prosecution shall attend every
•quarterly review meeting convened by the Director of
•Prosecution and every monthly meeting convened by the
•Deputy Director of Prosecution and shall implement without
•delay any decisions taken therein.
ix.The Assistant Director of Prosecution shall participate in such
•other meetings as the Director of Prosecution, or the Deputy
•Director of Prosecution may call from time to time for the
•purpose of improving prosecutorial performance.
x.The Assistant Direc tor of Prosecution shall act under the
•general control of the Director of Prosecution and the immediate
•supervision of the Deputy Director of Prosecution and shall
•discharge such further responsibilities as the State Government,
•the Director of Prosecution or the Deputy Director of
•Prosecution may assign by general or special order.
xi.The Assistant Director of Prosecution shall provide the final
•opinion in cases triable by a Magistrate, where the prescribed
•punishment is less than seven years
•These Guidelines are illustrative and have been designed for the assistance of States
•and Union Territories in the effective establishment and functioning of the Directorate of
•Prosecution at the State and District levels, pursuant to Section 20 of the Bharatiya
•Nagarik Suraksha Sanhita, 2023. States/UTs may suitably adapt these Guidelines,
•consistent with their administrative framework and statutory obligations.
•8
•In addition to the guidelines provided for the illustrative role and functions of PPs is also
•being annexed herewith for reference purpose as ‘Annexure-A’
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•9
•Annexure – A
•A) Public Prosecutor
• Powers and Functions of the Public Prosecutor:
