Section 25A CrPC - Directorate of Prosecution
Section 25A of the Code of Criminal Procedure, 1973 dealt with the establishment, organisation and administrative hierarchy of the Directorate of Prosecution in a State. It prescribed the basic structure of the Directorate and the relationship between the Director of Prosecution, Deputy Directors, Public Prosecutors, Special Public Prosecutors and Assistant Public Prosecutors.
What is Section 25A of CrPC?
Section 25A provided the statutory framework for a State-level Directorate of Prosecution. In simple terms, the Directorate was intended to provide an organised prosecution structure under which designated prosecutors functioned through a defined administrative hierarchy.
The provision covered the establishment of the Directorate, qualifications for the Director and Deputy Directors, their administrative control, the subordination of prosecutors and the power of the State Government to specify the functions and territorial responsibilities of officers of the Directorate.
Section 25A CrPC - Statutory Provision
(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution only if he has been in practice as an advocate for not less than ten years, and such appointment shall be made with the concurrence of the Chief Justice of the High Court.
(3) The head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the head of the Home Department in the State.
(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1), or as the case may be, sub-section (8), of Section 24 CrPC 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 as the case may be, sub-section (8), of Section 24 CrPC to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of Section 25 CrPC shall be subordinate to the Deputy Director of Prosecution.
(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each Deputy Director of Prosecution has been appointed shall be such as the State Government may, by notification, specify.
(8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
Key Requirements of Section 25A
| Provision | Requirement |
|---|---|
| Section 25A(1) | State Government may establish a Directorate of Prosecution. |
| Section 25A(2) | Director and Deputy Director ordinarily require at least ten years of practice as an advocate, with appointment made with concurrence of the Chief Justice of the High Court. |
| Section 25A(3) | Director of Prosecution is the head of the Directorate and functions under the administrative control of the head of the State Home Department. |
| Section 25A(4) | Deputy Directors are subordinate to the Director of Prosecution. |
| Section 25A(5) | Specified prosecutors conducting High Court cases are subordinate to the Director of Prosecution. |
| Section 25A(6) | Specified prosecutors conducting District Court cases and Assistant Public Prosecutors are subordinate to the Deputy Director. |
| Section 25A(7) | State Government may specify powers, functions and areas by notification. |
| Section 25A(8) | The provision does not apply to the State Advocate General while acting as a Public Prosecutor. |
Appointment of Director and Deputy Director of Prosecution
Under the central text of Section 25A(2), eligibility for appointment as Director of Prosecution or Deputy Director of Prosecution required not less than ten years of practice as an advocate. The appointment was also required to be made with the concurrence of the Chief Justice of the High Court.
This provision should be read subject to applicable State amendments because some States modified the recruitment or organisational structure of the Directorate.
Administrative Control and Prosecution Hierarchy
Section 25A created a defined hierarchy. The Director of Prosecution was the head of the Directorate and functioned under the administrative control of the head of the Home Department of the State. Deputy Directors were subordinate to the Director.
The provision also linked the Directorate with prosecutors appointed under Section 24 CrPC and Assistant Public Prosecutors appointed under Section 25 CrPC. The precise hierarchy, however, was subject to State amendments.
Powers and Functions of the Directorate
Section 25A(7) did not itself exhaustively enumerate every operational function of the Director or Deputy Directors. Instead, it authorised the State Government to specify, by notification, their powers and functions and the areas for which Deputy Directors were appointed.
Accordingly, Section 25A had to be read together with applicable State notifications, recruitment rules and valid State amendments when determining the actual administrative powers of a prosecution officer in a particular State.
Relationship with Section 24 and Section 25 CrPC
Section 25A formed part of a group of provisions dealing with the prosecution machinery under the CrPC.
- Section 24 CrPC dealt with Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors.
- Section 25 CrPC dealt with Assistant Public Prosecutors.
- Section 25A CrPC dealt with the Directorate of Prosecution and the statutory administrative hierarchy applicable to specified prosecutors.
State Amendment - Karnataka
In Karnataka, Section 25A was modified by Karnataka Act 39 of 2012.
Sub-section (2)
The post of Director of Prosecution and Government Litigations, Deputy Director of Prosecution and other cadres is to be filled in accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978.
Sub-section (5)
Public Prosecutors and Additional Public Prosecutors appointed by the State Government from the cadre of prosecutors recruited under the applicable recruitment rules are subordinate to the Director of Prosecution and Government Litigations. Public Prosecutors, Additional Prosecutors and Special Prosecutors appointed under Section 24(8) are subordinate to the Advocate General as provided by the State amendment.
Sub-section (6)
For the expression referring to the "Deputy Director of Prosecution", the Karnataka amendment substituted the "Director of Prosecution".
Reference: Karnataka Act 39 of 2012, Section 2.
State Amendment - Madhya Pradesh
Madhya Pradesh substituted Section 25A and provided a broader prosecution structure consisting of a Director of Prosecution and such Additional Directors, Joint Directors, Deputy Directors, Assistant Directors and other posts as the State Government considers appropriate.
The posts are to be filled in accordance with the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, as amended from time to time.
The Director of Prosecution is the head of the Directorate and functions under the administrative control of the head of the Home Department. Other specified officers of the Directorate are subordinate to the Director.
Under the substituted provision, prosecutors recruited under the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991 are subordinate to the Director of Prosecution, while the State amendment separately regulates the subordination of prosecutors appointed for High Court and District Court cases.
The powers and functions of the Director of Prosecution are such as the State Government may specify by notification.
Reference: Madhya Pradesh Act 18 of 2014, Section 3.
Adaptation for Jammu and Kashmir
Following the Jammu and Kashmir Reorganisation, the central law was adapted for the Union Territory of Jammu and Kashmir. The adapted provision contemplated a Directorate of Prosecution headed by a Director General of Prosecution with other officers as provided by rules framed by the Government of the Union Territory.
The post of Director General of Prosecution and other officers constituting the prosecution cadre were to be filled in accordance with rules framed by the Government.
References to the Director of Prosecution in the relevant provisions were adapted to the Director General of Prosecution, and the prosecution hierarchy was correspondingly modified.
The adapted provision also provided that specified Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors conducting cases in the High Court would be subordinate to the Advocate General.
The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre were to be governed by the applicable rules.
Reference: Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, Notification S.O. 1123(E), dated 18 March 2020.
When was Section 25A inserted in CrPC?
Section 25A was inserted into the Code of Criminal Procedure, 1973 by the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005). The provision came into force on 23 June 2006.
Position After Introduction of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The subject of the Directorate of Prosecution is now dealt with under Section 20 of the BNSS. This article, however, is intentionally confined to Section 25A CrPC and the legal framework applicable before implementation of the BNSS.
For proceedings spanning the change in law, the applicable repeal and saving provisions should be examined before deciding whether the former CrPC or the BNSS governs a particular procedural issue.
Official Legal Source
The authoritative statutory text and amendments may be verified from India Code, the official Government of India legislative database.