...
Appointment

Section 21 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Appointment of Public Prosecutors

Home / Section Details

Table of Contents

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Criminal Procedure Code, 1973 (CrPC), which introduces new structural and procedural elements to the Indian criminal justice system. Section 21 BNSS – Appointment of Public Prosecutors, which establishes the process for selecting Public Prosecutors and Special Public Prosecutors, serves as a critical component that governs all aspects of criminal trial proceedings.

The prosecution system plays a central role in maintaining fairness during criminal trials. The complete criminal process requires a properly assigned Public Prosecutor because the absence of one leads to judicial procedure errors. This article provides an extensive explanation of Section 21 BNSS – Appointment of Public Prosecutors through its appointment process and eligibility requirements together with its current role in prosecutorial practice.

Section 21 BNSS – Appointment of Public Prosecutors establishes a new system which replaces Section 24 of the Criminal Procedure Code 1973 (CrPC).

Section 21 BNSS – Appointment of Public Prosecutors

The legal framework for appointing Public Prosecutors who will handle State prosecutions and appeals and all other criminal cases is established through Section 21 BNSS which designates the procedure for their appointment. 

The State Government has the power to select Public Prosecutors and Additional Public Prosecutors who will represent the State during Sessions Court and criminal court proceedings under Section 21 of Bharatiya Nagarik Suraksha Sanhita.

The provision strengthens the Criminal prosecution system under BNSS by ensuring:

  • Proper representation of the State in criminal matters
  • Independence of prosecution from investigative agencies
  • Fair conduct of trial
  • Merit-based appointment from a panel of eligible advocates

1. State Government Power to Appoint Public Prosecutor

The core features of Section 21 BNSS – Appointment of Public Prosecutors lie in the recognition of the State Government’s power to appoint a Public Prosecutor.

Key Points:

  • Public Prosecutors together with Additional Public Prosecutors receive their appointments from the State Government.
  •  The prosecution staff receive appointments for their work in Sessions Court trials. 
  • The Central Government has the authority to establish prosecutor positions for cases which central agencies investigate.

This structure ensures coordination between the executive and judicial branches while maintaining prosecutorial independence.

2. Panel of Advocates under Section 21 BNSS

The Panel of Advocates under Section 21 BNSS is crucial in maintaining transparency in appointments.

How It Works:

  • The District Magistrate prepares a panel of eligible advocates.
  • The panel is prepared in consultation with the Sessions Judge.
  • Appointments are made from this approved list.

This consultation mechanism prevents arbitrary appointments and maintains judicial oversight in the Appointment of Public Prosecutor under BNSS.

3. Eligibility Criteria for Public Prosecutor BNSS

The Eligibility criteria for Public Prosecutor BNSS ensures that only experienced legal professionals handle criminal prosecutions.

Requirements:

  • The advocate must have at least 7 years of practice at the Bar.
  • The advocate must possess adequate experience in criminal law.
  • The name must be included in the approved panel.

This provision guarantees competence and professional capability in conducting Prosecution in Sessions Court under BNSS.

4. Role of Public Prosecutor in BNSS 2023

The Role of Public Prosecutor in BNSS 2023 extends beyond merely presenting evidence.

Core Responsibilities:

  • Conducting prosecution on behalf of the State.
  • Presenting evidence fairly and objectively.
  • Ensuring that justice is done, not merely securing conviction.
  • Assisting the court in arriving at the truth.
  • Filing appeals and revisions when required.

The Public Prosecutor under Bharatiya Nagarik Suraksha Sanhita is considered an officer of the court and must act independently of police influence.

The fairness of trials under the Criminal prosecution system under BNSS heavily depends on the ethical functioning of the Public Prosecutor.

5. Special Public Prosecutor under BNSS

Section 21 BNSS – Appointment of Public Prosecutors also provides for the appointment of a Special Public Prosecutor under BNSS.

When Appointed:

  • In sensitive or complex criminal cases.
  • In cases involving serious offences.
  • In matters requiring specialized expertise.

The Special Public Prosecutor must have at least 10 years of practice as an advocate.

This ensures that high-profile and complicated cases are handled by senior professionals with deeper legal understanding.

6. District Public Prosecutor Appointment Process

The District Public Prosecutor appointment process is structured to maintain procedural integrity.

Process Overview:

  1. District Magistrate prepares a panel.
  2. Consultation with a Sessions Judge is mandatory.
  3. The State Government finalizes appointments.
  4. Notification is issued officially.

This process prevents favoritism and strengthens the credibility of BNSS 2023 Public Prosecutor provisions.

7. Prosecution in Sessions Court under BNSS

Under Section 21 BNSS – Appointment of Public Prosecutors, no prosecution in a Sessions Court can proceed without a duly appointed Public Prosecutor.

Importance:

  • Sessions Courts deal with serious offences.
  • Trials require procedural precision.
  • Evidence presentation must follow strict legal standards.

The presence of a qualified prosecutor ensures that justice is not compromised due to procedural defects.

8. Safeguards and Accountability

The BNSS 2023 Public Prosecutor provisions introduce structural safeguards:

  • Consultation with the judiciary.
  • Minimum experience requirement.
  • Defined appointment procedure.
  • Provision for Special Public Prosecutors.

These safeguards ensure that the Public Prosecutor under Bharatiya Nagarik Suraksha Sanhita functions with integrity and professional responsibility.

9. Comparison with CrPC – What Has Changed?

As mentioned earlier, Section 21 BNSS – Appointment of Public Prosecutors replaces Section 24 of the Criminal Procedure Code, 1973.

Key Differences:

  • Modernized drafting language.
  • Clearer structure in appointment process.
  • Greater emphasis on panel preparation.
  • Reinforcement of judicial consultation.

Though the core framework remains similar, Section 21 Bharatiya Nagarik Suraksha Sanhita refines procedural clarity under the new legal regime.

10. Importance in the New Criminal Justice Framework

The introduction of Section 21 BNSS – Appointment of Public Prosecutors reflects the importance of strengthening the prosecution mechanism in India.

A strong and impartial prosecutor:

  • Protects the rights of victims.
  • Ensures fair trial for the accused.
  • Maintains balance between investigation and adjudication.
  • Upholds rule of law.

The Appointment of Public Prosecutor under BNSS is not merely administrative—it directly affects the quality of criminal justice delivery.

Conclusion

The criminal courts of Bharatiya Nagarik Suraksha Sanhita 2023 operate under Section 21 BNSS which establishes public prosecutor appointment procedures. The provision continues existing prosecution procedures through its replacement of Section 24 of the CrPC while it establishes additional protection measures.

The structured appointment mechanisms of Section 21 BNSS The Special Public Prosecutors system operates through established eligibility criteria and judicial consultation processes to guarantee criminal trials receive fair treatment and professional standards.

The successful implementation of BNSS Criminal prosecution system depends on how well its provisions are executed. The legal system requires a Public Prosecutor who possesses both competence and independence to protect constitutional rights and help maintain public trust.

Details

Date

Author

  • Go Legal Team

More Related

Section 20 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Directorate of Prosecution The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) marks a significant transformation in India’s criminal procedural landscape, replacing the old Code of Criminal Procedure (CrPC) with a modern framework designed for effectiveness, clarity, and administrative coherence. One of the most consequential innovations under BNSS is the establishment of the Directorate of Prosecution under Section 20 — a feature aimed at institutionalizing and professionalizing prosecution in India. The content of this article is focused on Section 20 BNSS - Directorate of Prosecution which is critically analyzed to the legal provisions, structure, roles, eligibility, and governance aspects and even to the challenges of implementation and the significance of it in the future. It will also be accompanied by FAQs with short answers for the purpose of guiding the practitioners, students, and citizens' possible concerns regarding this matter. 1. What Is Section 20 BNSS? BNSS's Section 20 portrays the Directorate of Prosecution idea. The provision enables State Governments to create: A State Directorate of Prosecution presided over by a Director of Prosecution with accompanying Deputy Directors of Prosecution and other officers as necessary. A District Directorate of Prosecution in each district with Deputy Directors and Assistant Directors of Prosecution as staff members. The main goal of this directorate is to turn prosecution into an institution, improve the standard of criminal litigation, and provide continuous monitoring of prosecutorial activities, especially in the major cases. This institutional method is a major change from the rather informal prosecutorial processes under the CrPC. 2. Why Was the Directorate of Prosecution Introduced? The establishment of a Directorate of Prosecution under Section 20 of BNSS is not only a matter of formality but rather it serves several key purposes: Professionalization of Prosecution: The establishment of non-civil servant practitioners who have a complete understanding of criminal law would mean better quality advocacy and strategy in the processes of trial and appeals. Hierarchical Oversight: Decides, through supervision, the relationship between prosecutors, public prosecutors, and their directors thus ensuring decision making is uniform. Case Monitoring: Assigns roles that are different in terms of the seriousness of offences — thus getting more serious cases to be appropriately noticed and resourced Accountability and Coordination: Enhances the communication between the detectives and the lawyers thus resulting in faster delivery of justice. BNS Sections Increased staffing in the Directorate of Prosecution was recently pointed out as being of utmost importance by the Delhi High Court, which remarked that delays in recruitment have been one of the reasons for ineffective prosecutions under BNSS. The Times of India 3. Key Features of the Directorate of Prosecution 1. Establishment and Structure According to Section 20(1): State Directorate: It can have a Director of Prosecution and additionally as many Deputy Directors as the State Government thinks necessary. District Directorate: A district can be equipped with a directorate consist of Deputy Directors and Assistant Directors of Prosecution. A A P Tax Law This bifurcated structure of state and district levels not only provides macro-level policy oversight but also facilitates micro-level case management. 2. Eligibility for Appointments Section 20(2) specifies eligibility qualifications: Director of Prosecution / Deputy Director: Must have practiced as an advocate for at least 15 years or be a current/former Sessions Judge. Assistant Director of Prosecution: Must have practiced as an advocate for at least 7 years or have served as a First Class Magistrate. These criteria ensure that prosecutorial leadership is held by experienced legal professionals with deep expertise in criminal law. 3. Administrative Control The Directorate of Prosecution will operate under the administrative control of the Home Department of the respective state. This ensures alignment with overall law and order strategy while maintaining prosecutorial autonomy in execution. 4. Subordination and Hierarchy Deputy and Assistant Directors are subordinate to the Director of Prosecution. Public Prosecutors and related officers (including Additional and Special Public Prosecutors for High Court matters) are also placed under the directorate’s supervision. District‑level prosecutors and Assistant Public Prosecutors report to Deputy/Assistant Directors at the district level. This structure creates a clear chain of command and enhances accountability across prosecutorial functions. 5. Functions and Powers While the statute provides a broad outline, the general powers and functions are usually determined by subsequent rules notified by the State Government. However, Section 20 and related guidance materials emphasize the following roles: a. Monitoring Serious Cases The Directorate, especially the Director and Deputy Directors, is entrusted with overseeing cases of significant gravity: Director of Prosecution: Typically monitors cases with offences punishable with 10 years’ imprisonment, life imprisonment, or death. Deputy Director: Focuses on cases punishable with 7–10 years. Assistant Director: Monitors cases where punishment is less than 7 yearsI b. Review of Police Reports and Appeals The Directorate has the mandate to scrutinize police reports, facilitate the expeditious disposal of cases, and provide opinions on the filing of appeals. Such stratification helps prioritize resource allocation and improves prosecutorial precision. 4. How Section 20 Differs from the Old CrPC Framework Under the Criminal Procedure Code (CrPC), the prosecution function did not have a centralized state‑level directorate with clear hierarchical supervision. While public prosecutors and assistant prosecutors existed, there was no uniform prosecutorial administrative structure. The BNSS reform, therefore: Introduces a structured prosecution service akin to services in some common law jurisdictions. Provides clear eligibility standards for senior positions. Clarifies the supervisory chain among prosecutorial officers. Institutionalizes case monitoring protocols. These enhancements mark a major shift toward treating prosecution as an institutional specialty, not merely an extension of general legal representation. 5. Broader Role in Modern Criminal Justice 1. Improving Case Outcomes By centralizing and standardizing prosecutorial decision‑making, Section 20 BNSS seeks to reduce instances where cases are poorly presented, leading to acquittals or procedural errors. 2. Supporting Rule of Law With dedicated prosecution leadership, the justice system is better equipped to uphold constitutional values, protect victims’ interests, and mitigate miscarriages of justice. 3. Reducing Backlogs Effective monitoring and expertise can help expedite cases, particularly those involving serious offences, which historically contribute to court backlog. 4. Enhanced Coordination With Investigating Agencies The Directorate’s geographical footprint — spanning state and district levels — allows for better coordination between prosecutors and law enforcement agencies, ensuring that investigations are legally sound and judicial expectations are met. 6. Implementation Challenges Despite the promise of Section 20, implementation has encountered obstacles: a. Slow Recruitment and Vacancies The Delhi High Court recently flagged delays in filling critical prosecution directorate posts, noting vacancies for prosecutors and deputies that have hindered effective prosecution under BNSS. The Court directed timely finalization of recruitment rules and urged administrative action to fill vacancies swiftly. This situation highlights a broader administrative challenge: without recruitment rules and timely appointments, the directorate structure cannot function as intended. b. Capacity Building States must invest in training, infrastructure, and support systems for the directorate to effectively monitor and manage cases, particularly complex ones involving technology, forensic evidence, or specialized legal issues. c. Policy Harmonization Drafting appropriate state rules that align with Section 20’s objectives while remaining practical and context‑sensitive is crucial. This involves consultations with judiciary, ministries, and legal experts. 7. Future Prospects and Relevance As BNSS becomes fully operational across India, the Directorate of Prosecution under Section 20 is poised to: Professionalize prosecution services across states Elevate quality of criminal litigation Ensure consistency and accountability in prosecution Facilitate specialized strategies for serious crime categories In the long term, the directorate model could become a benchmark for other jurisdictions seeking to modernize their prosecutorial framework. 8. Conclusion The BNSS's Section 20 which is the Directorate of Prosecution is a primary reform that seeks to fortify the criminal justice system in India by making prosecution an institutional part of the system. The directorate model talks about professional management of prosecution, not just that but also the alignment with the general legal and societal objectives strategically through the various facets such as eligibility criteria, hierarchical structure, functional roles, and case monitoring. The implementation has not been challenging at all; in fact, it has been the legal intent behind Section 20 that has been a "visionary stride" toward the future of an efficient, accountable, and high-quality prosecutorial system in India. Section 20 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Directorate of Prosecution

Section 20 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Directorate of Prosecution

Read More..

February 10, 2026

9 min read

Section 19 BNSS

Section 19 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Assistant Public Prosecutors

Read More..

February 9, 2026

9 min read

Section 18

Section 18 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Public Prosecutors: An In‑Depth Analysis

Read More..

February 7, 2026

9 min read

Seraphinite AcceleratorOptimized by Seraphinite Accelerator
Turns on site high speed to be attractive for people and search engines.