Section 19 of BNSS : Section 19: Assistant Public Prosecutors.

Explanation using Example

Example 1:

Scenario: In a district in Maharashtra, there is a sudden increase in theft cases, and the local courts are overwhelmed with the number of cases.

Application of Section 19:

1. The State Government of Maharashtra appoints two Assistant Public Prosecutors (APPs) to handle the increased workload in the district's Magistrate Courts.
2. One of the appointed APPs, Mr. Sharma, is assigned to prosecute theft cases in the local Magistrate Court.
3. The Central Government, noticing a pattern of similar theft cases across multiple districts, appoints an additional APP, Ms. Verma, to handle a specific class of theft cases that involve organized crime.

Example 2:

Scenario: In a district in Uttar Pradesh, a high-profile corruption case arises, but the designated Assistant Public Prosecutor is on medical leave.

Application of Section 19:

1. The District Magistrate, recognizing the urgency of the case, decides to appoint a temporary Assistant Public Prosecutor.
2. The District Magistrate identifies Mr. Gupta, a qualified lawyer with experience in corruption cases, as a suitable candidate.
3. The District Magistrate gives a fourteen-day notice to the State Government about the appointment of Mr. Gupta as the Assistant Public Prosecutor for this particular case.
4. Mr. Gupta is appointed, ensuring that he has not been involved in the investigation of the case and is not below the rank of Inspector, as per the proviso of Section 19.

Example 3:

Scenario: In a district in Tamil Nadu, a series of cybercrime cases are reported, and the existing Assistant Public Prosecutors lack expertise in cyber laws.

Application of Section 19:

1. The State Government of Tamil Nadu appoints a specialized Assistant Public Prosecutor, Ms. Radhika, who has expertise in cyber laws, to handle these cases in the Magistrate Courts.
2. Additionally, the Central Government, recognizing the complexity and inter-district nature of these cybercrime cases, appoints another Assistant Public Prosecutor, Mr. Rajan, to assist in these prosecutions.
3. In a particular case where both APPs are unavailable, the District Magistrate appoints Mr. Kumar, a cyber law expert, as the Assistant Public Prosecutor after giving a fourteen-day notice to the State Government, ensuring compliance with the proviso that Mr. Kumar has not been involved in the investigation and is not below the rank of Inspector.

Example 4:

Scenario: In a district in West Bengal, a violent protest leads to multiple arrests, and the local courts need additional prosecutors to handle the cases swiftly.

Application of Section 19:

1. The State Government of West Bengal appoints three additional Assistant Public Prosecutors to manage the influx of cases in the Magistrate Courts.
2. The Central Government, considering the potential for similar protests in neighboring districts, appoints an Assistant Public Prosecutor, Mr. Banerjee, to oversee cases related to the protests.
3. In one specific case where no APP is available, the District Magistrate appoints Ms. Sen, a senior lawyer, as the Assistant Public Prosecutor after providing a fourteen-day notice to the State Government, ensuring she meets the eligibility criteria outlined in the proviso.