Section 25A of CrPC : Section 25A: Directorate of Prosecution.
CrPC
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Explanation using Example
Example 1:
Scenario: Establishment of Directorate of Prosecution in Maharashtra
Situation: The State Government of Maharashtra decides to establish a Directorate of Prosecution to streamline the prosecution process in the state.
Application:
- The Maharashtra government appoints Mr. Sharma, an advocate with over 15 years of experience, as the Director of Prosecution with the concurrence of the Chief Justice of the Bombay High Court.
- The government also appoints several Deputy Directors of Prosecution to assist Mr. Sharma.
- Mr. Sharma, as the head of the Directorate, operates under the administrative control of the Home Department of Maharashtra.
- All Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors in Maharashtra are now subordinate to Mr. Sharma.
- The Maharashtra government issues a notification specifying the powers and functions of Mr. Sharma and the Deputy Directors.
Outcome: The establishment of the Directorate of Prosecution helps in better coordination and efficiency in handling criminal cases across Maharashtra.
Example 2:
Scenario: Appointment of Public Prosecutors in Karnataka
Situation: The Karnataka government needs to appoint new Public Prosecutors for the High Court and District Courts.
Application:
- The Karnataka government follows the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978, to fill the posts of Director of Prosecution and Deputy Directors of Prosecution.
- Mr. Rao, a seasoned advocate, is appointed as the Director of Prosecution and Government Litigations.
- All Public Prosecutors and Additional Public Prosecutors appointed from the cadre of Prosecutors are made subordinate to Mr. Rao.
- Special Public Prosecutors appointed under sub-section (8) of section 24 are made subordinate to the Advocate General of Karnataka.
- The Karnataka government issues a notification detailing the powers and functions of Mr. Rao and the Deputy Directors.
Outcome: The structured appointment and clear hierarchy ensure that the prosecution process in Karnataka is efficient and well-coordinated, leading to better management of criminal cases.
Example 3:
Scenario: Directorate of Prosecution in Jammu and Kashmir
Situation: The Union Territory of Jammu and Kashmir establishes a Directorate of Prosecution as per the adapted laws.
Application:
- The government of Jammu and Kashmir appoints Mr. Khan as the Director General of Prosecution.
- The Directorate consists of various officers as provided in the rules framed by the government.
- Mr. Khan operates under the administrative control of the Home Department of Jammu and Kashmir.
- Deputy Directors are subordinate to Joint Directors, who in turn are under the control of Mr. Khan.
- Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors appointed to conduct cases in the High Court are subordinate to the Advocate General.
Outcome: The establishment of the Directorate of Prosecution in Jammu and Kashmir ensures a well-organized and efficient prosecution system, aiding in the effective administration of justice in the Union Territory.