Introduction 

• Chapter 2 of the Bharatiya Nyaya Sanhita, 2023 (BNS) covers the provision of Public Prosecutor under constitution of Criminal Courts. 
• The Public Prosecutor plays a pivotal role in the Indian criminal justice system.  
• As representatives of the state, they are responsible for prosecuting criminal cases on behalf of the government.  
• Their primary duty is to ensure that justice is served while maintaining the rights of the accused.  

Legal Provisions under BNSS Regarding public Prosecutor 

• Section 18: Public Prosecutors 
  • Appointment at High Court Level: 
    • Central/State Government appointments for High Court. 
    • Special provision for National Capital Territory of Delhi. 
    • Central Government's power to appoint for districts/local areas. 
  •  District Level Appointments: 
    • State Government's appointment powers. 
    • Cross-district appointments provision. 
    • Panel preparation process. 
  • Qualifications and Selection: 
    • Regular Cadre of Prosecuting Officers. 
    • Eligibility criteria (not less than 7 years practice as an advocate). 
    • Panel selection process by District Magistrate. 
  •  Special Public Prosecutors 
    • Appointment criteria (not less than 10 years practice as an advocate). 
    • Victim's right to engage advocate. 
    • Service period calculations. 
•  Section 19: Assistant Public Prosecutors 
  • Appointments and Authority: 
    • State Government appointments for Magistrate Courts. 
    • Central Government appointment powers. 
    • District Magistrate's emergency appointment powers. 
  •  Restrictions on Police Officers: 
    • Eligibility restrictions. 
    • Rank requirements. 
•  Section 20: Directorate of Prosecution 
  • Organizational Structure: 
    • State level directorate. 
    • District level directorates. 
    • Administrative hierarchy. 
  •  Qualification Requirements: 
    • Director and Deputy Director (15 years practice as an advocate or is/has been Sessions Judge). 
    • Assistant Director (7 years practice as an advocate or has been First Class Magistrate). 
  • Administrative Control and Subordination: 
    • Home Department oversight. 
    • Hierarchical structure. 
    • Subordination of various prosecutors. 
  •  Powers and Functions 
    • Director's responsibilities (to deal with the offences are punishable for more than 10 years). 
    • Deputy Director's duties ( to deal with the offences are punishable for 7 to10 years). 
    • Assistant Director's role (to deal with the offences are punishable for less than 7 years). 
    • General powers and notifications. 

Challenges Faced by Public Prosecutors 

• Despite their critical role, Public Prosecutors face numerous challenges: 
  • Heavy Workload: They often handle a large number of cases, which can affect the quality of prosecution. 
  • Lack of Resources: Insufficient funding and support can hinder their ability to conduct thorough investigations and prosecutions. 
  • Pressure from Various Stakeholders: They may face pressure from political entities, victims, and the defense, complicating their role. 

Conclusion 

Public Prosecutors are essential to the functioning of the criminal justice system in India. Their role in upholding the law and ensuring justice cannot be overstated. However, addressing the challenges they face is crucial for enhancing the efficacy of prosecutions and the overall integrity of the legal system. Continuous reforms and support for Public Prosecutors will contribute to a more just and equitable society.