Section 20 BNSS - Directorate of Prosecution
Section 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for a State-level Directorate of Prosecution and District Directorates of Prosecution. It lays down the eligibility, hierarchy, supervision and functions of the Director, Deputy Directors and Assistant Directors of Prosecution.
Meaning and Purpose of Section 20 BNSS
Section 20 creates an institutional prosecution framework within the State. It enables the State Government to establish a Directorate of Prosecution for the State and a District Directorate of Prosecution in every district. The provision distributes supervision of criminal cases among different prosecution officers primarily by the maximum punishment prescribed for the offence.
The provision also specifies professional eligibility for senior prosecution posts, places the State Directorate under the administrative control of the Home Department, and establishes a chain of subordination among prosecutors and prosecution officers.
Section 20 - Directorate of Prosecution: Statutory Text
20. (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.
Structure of the Directorate of Prosecution
Under subsection (1), the State Government may establish a State Directorate headed by a Director of Prosecution and supported by such number of Deputy Directors as it considers appropriate. It may also establish a District Directorate in every district consisting of Deputy Directors and Assistant Directors of Prosecution.
Eligibility for Appointment
| Post | Eligibility under Section 20(2) |
|---|---|
| Director of Prosecution | At least 15 years' practice as an advocate, or is or has been a Sessions Judge. |
| Deputy Director of Prosecution | At least 15 years' practice as an advocate, or is or has been a Sessions Judge. |
| Assistant Director of Prosecution | At least 7 years' practice as an advocate, or has been a Magistrate of the first class. |
Administrative and Prosecutorial Hierarchy
The Director of Prosecution heads the Directorate and functions under the administrative control of the State Home Department. Deputy Directors and Assistant Directors are subordinate to the Director, while Assistant Directors are also subordinate to Deputy Directors.
Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors conducting High Court cases under the relevant provisions of Section 18 BNSS are subordinate to the Director of Prosecution. Prosecutors conducting District Court cases, and Assistant Public Prosecutors appointed under Section 19 BNSS, fall under the Deputy Director or Assistant Director as specified in subsection (6).
Powers and Functions Based on Punishment
| Officer | Cases ordinarily monitored | Main statutory function |
|---|---|---|
| Director of Prosecution | Offences punishable with 10 years or more, life imprisonment or death | Monitor cases, expedite proceedings and give opinion on filing appeals. |
| Deputy Director of Prosecution | Offences punishable with 7 years or more but less than 10 years | Examine and scrutinise police reports and monitor cases for expeditious disposal. |
| Assistant Director of Prosecution | Offences punishable with less than 7 years | Monitor the cases falling within that punishment category. |
Effect of the Non Obstante Clause in Section 20(10)
Subsection (10) begins with the words "Notwithstanding anything contained in sub-sections (7), (8) and (9)". Its effect is that the punishment-based allocation in those subsections does not exhaust the authority of the Director, Deputy Director or Assistant Director. Each of those officers may deal with and be responsible for proceedings under the BNSS as permitted by subsection (10), subject to the statutory framework and applicable State notifications.
State Government Notification Power
Under subsection (11), the State Government may specify by notification additional powers and functions of the Director, Deputy Directors and Assistant Directors, as well as the territorial areas for which Deputy Directors and Assistant Directors are appointed.
Because the detailed administrative implementation may therefore vary by State, users dealing with a particular State should also check the relevant State Government Home Department notifications and rules.
Advocate General Exception
Subsection (12) expressly provides that Section 20 does not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
Official Legal Resources
The current central text of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be verified from the official India Code database and the Ministry of Home Affairs. The commencement notification dated 23 February 2024 appointed 1 July 2024 as the date on which the BNSS came into force, subject to the exception stated in that notification.
This page is intended as a legal information resource. For case-specific advice, consult a qualified legal professional and the latest applicable Central and State notifications.