Section 18 of BNSS : Section 18: Public Prosecutors.

Explanation using Example

Example 1:

Scenario: Appointment of a Public Prosecutor in a High Court

Context: The Central Government needs to appoint a Public Prosecutor for the High Court of Delhi.

Application:

1. The Central Government consults with the High Court of Delhi.
2. After consultation, the Central Government appoints Mr. Sharma, an advocate with 12 years of experience, as the Public Prosecutor for the High Court of Delhi.
3. Additionally, the Central Government appoints Ms. Verma, an advocate with 9 years of experience, as an Additional Public Prosecutor to assist in handling the caseload.

Outcome: Mr. Sharma and Ms. Verma will now represent the Central Government in prosecutions, appeals, and other proceedings in the High Court of Delhi.

Example 2:

Scenario: Appointment of a Public Prosecutor in a District Court

Context: The State Government of Maharashtra needs to appoint a Public Prosecutor for Pune district.

Application:

1. The District Magistrate of Pune, in consultation with the Sessions Judge, prepares a panel of eligible advocates.
2. The panel includes Mr. Desai, Ms. Rao, and Mr. Patel, all of whom have over 7 years of experience as advocates.
3. The State Government reviews the panel and appoints Mr. Desai as the Public Prosecutor for Pune district.
4. Additionally, the State Government appoints Ms. Rao as an Additional Public Prosecutor for Pune district.

Outcome: Mr. Desai and Ms. Rao will now represent the State Government in prosecutions and other legal proceedings in Pune district.

Example 3:

Scenario: Appointment of a Special Public Prosecutor for a High-Profile Case

Context: The Central Government needs to appoint a Special Public Prosecutor for a high-profile corruption case.

Application:

1. The Central Government identifies Mr. Singh, an advocate with 15 years of experience, as a suitable candidate.
2. Mr. Singh is appointed as the Special Public Prosecutor for the corruption case.
3. The victim in the case requests the court to allow them to engage their own advocate to assist the prosecution.
4. The court permits the victim to engage their chosen advocate to assist Mr. Singh.

Outcome: Mr. Singh, along with the victim's advocate, will handle the prosecution of the high-profile corruption case on behalf of the Central Government.

Example 4:

Scenario: Appointment from a Regular Cadre of Prosecuting Officers

Context: The State Government of Karnataka needs to appoint a Public Prosecutor for Bangalore district.

Application:

1. Karnataka has a regular Cadre of Prosecuting Officers.
2. The State Government reviews the Cadre and identifies Ms. Nair, currently an Assistant Public Prosecutor, as a suitable candidate.
3. Ms. Nair is promoted and appointed as the Public Prosecutor for Bangalore district.
4. If no suitable candidate was found in the Cadre, the State Government would have referred to the panel prepared by the District Magistrate.

Outcome: Ms. Nair will now serve as the Public Prosecutor for Bangalore district, representing the State Government in legal proceedings.

Example 5:

Scenario: Eligibility Check for Appointment

Context: The State Government of Tamil Nadu is considering Mr. Kumar for the position of Public Prosecutor in Chennai district.

Application:

1. The State Government checks Mr. Kumar's qualifications.
2. Mr. Kumar has been practicing as an advocate for 6 years.
3. Since the law requires a minimum of 7 years of practice, Mr. Kumar is deemed ineligible.
4. The State Government then considers Ms. Iyer, who has 8 years of practice, and finds her eligible.

Outcome: Ms. Iyer is appointed as the Public Prosecutor for Chennai district, ensuring compliance with the eligibility criteria.