Скачать или смотреть Chapter II-III (Section 19-24) Constitution of Criminal Courts and Powers of Courts Under BNSS, 2023

Chapter II-III (Section 19-24) Constitution of Criminal Courts and Powers of Courts Under BNSS, 2023
19. (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.
(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government:
Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—
(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
(b) is below the rank of Inspector.
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.
CHAPTER III
POWER OF COURTS
21. Subject to the other provisions of this Sanhita,—
(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—
(i) the High Court; or
(ii) the Court of Session; or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman;
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court; or
(ii) any other Court by which such offence