Public Prosecutor, as the case may be, from the panel
prepared by the District Magistrate under sub-section (4).
of
names
(7)A person shall be eligible to be appointed as a Public
Prosecutor or an Additional Public Prosecutor under sub-section (1) or
sub-section (2) or sub-section (3) or sub-section (6), only if he has
been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint,
for the purposes of any case or class of cases, a person who has been
in practice as an advocate for not less than ten years as a Special
Public Prosecutor.
(9) For the purposes of sub-section (7) and sub-section (8), the
period during which a person has been in practice as a pleader, or has
rendered (whether before or after the commencement of this Code)
service as a Public Prosecutor or as an Additional Public Prosecutor
or Assistant Public Prosecutor or other Prosecuting Officer, by
whatever name called, shall be deemed to be the period during which
such person has been in practice as an advocate.]
25.
Assistant Public Prosecutors.
25.
Assistant Public Prosecutors. (1) The State Government
shall appoint in every district one or more Assistant
Public
Prosecutors for conducting prosecutions in the Courts of Magistrates.
1*[(1A) 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.]
(2) Save
as
otherwise
provided in
sub-section
police officer shall be eligible to be appointed as an
Public Prosecutor.
(3),
no
Assistant
---------------------------------------------------------------------1 Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978)
---------------------------------------------------------------------825
(3) 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;
Provided that a police officer shall not be so appointed(a)
if he has taken any part in the investigation into the
offence with respect to which the accused being prosecuted; or