§25 — Assistant Public prosecutors

State amendments

This section has been amended in its application to Jammu and Kashmir, Karnataka, Madhya Pradesh and Orissa. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

• Orissa[Vide Orissa Act 6 of 1995, s. 2]Read →Hide

  Orissa Amendment of section 25.—In section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code), to sub-section (2), the following proviso shall be inserted, namely:— “Provided that nothing in this sub-section shall be construed, to prohibit the State Government from exercising its control over Assistant Public Prosecutors through police officers.”
• Karnataka[Vide Karnataka Act 39 of 2012, s. 2]Read →Hide

  Karnataka In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), — (a) for sub-section (2), the following shall be substituted, namely:—“(2) The post of Director of prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990).” (b) for sub-section (5), the following shall be substituted, namely:—“(5) Every Public Prosecutor, Additional Public Prosecutor appointed by the State Government from the cadre of Prosecutors recruited under the recruitment rules framed by the Government under the Karnataka State Civil Services Act, 1978 shall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecutor, Additional Prosecutor and Special Prosecutor appointed under sub-section (8) of section 24 shall be subordinate to the Advocate General.” (c) in sub-section (6), for the words “Deputy Director of Prosecution, the words “Director of Prosecution” shall be substituted.
• Madhya Pradesh[Vide Madhya Pradesh Act 18 of 2014, s. 3.]Read →Hide

  Madhya Pradesh Substitution of Section 25A . —For section 25A of the principal Act, the following section shall be substituted, namely: — “25A. Directorate of Prosecution.—(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and such other posts as it thinks fit. (2) The post of Director of Prosecution, Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shall be filled in accordance with the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, as amended from time to time. (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 Additional Director of Prosecution, Joint Director of Prosecution, Deputy Director of Prosecution and Assistant Director of Prosecution and other posts specified in sub-section (2) shall be subordinate to the Director of Prosecution. (5) Every Public Prosecutor and Additional Public Prosecutor appointed under the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, shall be subordinate to the Director of Prosecution and every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (1) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct cases in the High Court shall be subordinate to the Advocate General. (6) Every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (3) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct cases in District Courts shall be subordinate to the District Magistrate. (7) The powers and functions of the Director of Prosecution shall be such as the State Government may, by notification, specify.”.
• Jammu and Kashmir[vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020).]Read →Hide

  STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 25A.-(i) for sub-sections (1) and (2), substitute– (1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and (2) The Post of Director General of Prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government. (ii) in sub-section (3), substitute “Director of Prosecution” with “Director General of Prosecution”; (iii) for sub-section (4), substitute “(4) subject to the control of the Director General of Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director.” (iv) substitute sub-section (5),– “Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu and Kashmir under subsection (1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General.”; (v) for sub-section (7), substitute– “(7) The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre shall be such as may be provided by the rules”.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.