Section 25 of CrPC : Section 25: Assistant Public Prosecutors

Explanation using Example

Imagine a scenario where a theft has occurred in a district and the case is to be tried in the local Magistrate's court. The State Government, as per Section 25(1) of The Code of Criminal Procedure, 1973, has appointed several Assistant Public Prosecutors in the district. One of these prosecutors is assigned to handle this theft case, representing the state and ensuring that the trial is conducted fairly.

In a different situation, suppose there is a special case involving financial fraud that has inter-state implications. The Central Government, utilizing Section 25(1A), appoints a special Assistant Public Prosecutor to conduct the prosecution in the Magistrate's court because of the case's complexity and national importance.

However, there is a strict rule that police officers cannot be appointed as Assistant Public Prosecutors according to Section 25(2), to maintain the independence of the prosecution from the investigating authorities. This ensures that the prosecution is objective and not influenced by those who have investigated the case.

Nevertheless, if an unforeseen circumstance arises where no Assistant Public Prosecutor is available for a specific case, as per Section 25(3), the District Magistrate has the authority to appoint someone else as the Assistant Public Prosecutor for that case. This is an exception, and even then, a police officer cannot be appointed if they have been involved in the investigation of the offence or if they are below the rank of Inspector, ensuring a fair trial.