Public Prosecutor
Also called: PP, Additional Public Prosecutor, Special Public Prosecutor
A person appointed under Section 18 of the BNSS to conduct prosecutions, appeals and other proceedings for the State, including any person acting under the directions of a Public Prosecutor.
Explained
Section 2(1)(v) of the BNSS defines a Public Prosecutor as any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor (earlier Section 2(u) of the CrPC). The Public Prosecutor conducts the case for the State; the victim or informant is not the prosecutor in a case instituted on a police report.
Section 18 sets out the appointing authorities. For every High Court, the Central or State Government appoints a Public Prosecutor after consulting the High Court. For every district, the State Government appoints a Public Prosecutor, and may appoint Additional Public Prosecutors, from a panel prepared by the District Magistrate in consultation with the Sessions Judge, or from a regular Cadre of Prosecuting Officers where one exists. Seven years of practice as an advocate is required for a Public Prosecutor or Additional Public Prosecutor, and ten years for a Special Public Prosecutor appointed for a case or class of cases. Assistant Public Prosecutors, who conduct prosecutions in Magistrates' courts, are appointed under Section 19.
The office carries specific powers. Under Section 248, every trial before a Court of Session is conducted by a Public Prosecutor. Under Section 338, the Public Prosecutor in charge of a case may appear without written authority, and an advocate engaged by a private person acts under his directions and may file written arguments only with the court's permission. Under Section 360 (earlier Section 321 of the CrPC), he may withdraw from the prosecution with the consent of the court before judgment; withdrawal before charge leads to discharge, and after charge to acquittal.
Examiners test the practice requirements (seven and ten years), the bar on a police officer below the rank of Inspector or one who investigated the case being appointed Assistant Public Prosecutor under the proviso to Section 19(3), and the new requirement in Section 360 that the victim be heard before withdrawal is allowed. Distinguish the Public Prosecutor, who acts in criminal matters, from the Government Pleader, who represents the Government in civil cases.
What the law says
(v) “Public Prosecutor” means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor;
Clause (v) of sub-section (1) defines Public Prosecutor
Earlier law: CRPC 2. Definitions.
(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be:
Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the purposes of this sub-section.
(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area.
Appointment of Public Prosecutors, Additional and Special Public Prosecutors
Earlier law: CRPC 24. 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.
(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:
Appointment of Assistant Public Prosecutors for Magistrates' courts
Earlier law: CRPC 25. Assistant Public prosecutors.
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Sessions trials to be conducted by a Public Prosecutor
Earlier law: CRPC 225. Trial to be conducted by Public Prosecutor.
(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
Appearance without written authority; private advocate acts under PP's directions
Earlier law: CRPC 301. Appearance by Public Prosecutors.
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,—
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Sanhita no charge is required, he shall be acquitted in respect of such offence or offences:
Withdrawal from prosecution with consent of the court
Earlier law: CRPC 321. Withdrawal from prosecution.
Example
For example, where a complainant in a murder case engages his own advocate, that advocate cannot lead the prosecution in the Court of Session; the Public Prosecutor conducts the trial and the private advocate assists under his directions.
For the exam
- Defined in Section 2(1)(v) BNSS; appointed under Section 18 (earlier Sections 2(u) and 24 CrPC).
- PP or Additional PP needs 7 years' practice; Special PP needs 10 years (Section 18(7) and (8)).
- Sessions trials must be conducted by a Public Prosecutor (Section 248 BNSS).
- Withdrawal under Section 360 needs the court's consent, and the victim must be heard.
- A private advocate acts under the PP's directions and needs leave to file written arguments (Section 338).
314 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Government PleaderUnder Section 2(7) of the CPC, any officer appointed by the State Government to perform the functions the Code imposes on the Government Pleader, and any pleader acting under his directions.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- ChargeThe formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
- VictimUnder Section 2(1)(y) of the BNSS, a person who has suffered loss or injury caused by the act or omission of the accused person, including the victim's guardian or legal heir.
- InvestigationAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
- AdvocateAn advocate entered in any roll under the provisions of the Advocates Act, 1961 (Section 2(1)(a)). Advocates are the only class of persons entitled to practise law.
Further reading
Checked 12 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.