Assistant Public Prosecutors
Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with assistant Public Prosecutors. The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. The Act came into force on 01 Jul 2024.
(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:
Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—
(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
(b) is below the rank of Inspector.
Section 19, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 25 Assistant Public Prosecutors Text carried over almost unchanged 91%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Manoj vs State of M. P
Decided under Code of Criminal Procedure 25, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An offence under Section 324 IPC (voluntarily causing hurt by dangerous weapons or means) remains compoundable with the permission of the Court under Section 320(2) Cr.P.C. as long as the Cr.P.C. (Amendment) Act 2005 has not been brought into force. Upon valid and voluntary compounding of such an offence by the person to whom hurt is caused, based on sufficient and genuine grounds including reconciliation and family relations, the Court is empowered to set aside the conviction and sentence, thereby allowing rehabilitation of the offenders within the community.
On this section: Amended Section 320 to omit Section 324 from compoundable offences, but not yet brought into force at time of judgment
-
V.ramachandran Thr.his Father S.varadarajan vs State of N.c.t. of Delhi
Decided under Code of Criminal Procedure 25, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a specific procedure exists in the Criminal Procedure Code for the trial court to examine a particular issue (such as mental illness of the accused under Chapter 25), the High Court should not exercise its extraordinary jurisdiction under Section 482 to quash proceedings on that ground. The proper forum for such examination is the trial court, not the High Court.
On this section: The court emphasized that Chapter 25 of the CrPC provides a specific procedure for the trial court to hold necessary inquiry regarding mental illness of the accused. This procedure should be followed rather than invoking High Court's extraordinary jurisdiction.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 19
What have the courts held on Section 19 of the Bharatiya Nagarik Suraksha Sanhita?
Manoj vs State of M. P (25 Sep 2008) is the leading judgment on this section among those set out below, though it was decided under CRPC 25, which this section replaced -- the court never mentioned this Act: Amended Section 320 to omit Section 324 from compoundable offences, but not yet brought into force at time of judgment. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court.
How do I find court cases under Section 19 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 19, section 19 BNSS, section 19 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Manoj vs State of M. P (25 Sep 2008).
What should I read with Section 19 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward CrPC 25 (Assistant Public Prosecutors), so the judgments decided under that provision are the case law on this one.
When did Section 19 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 19 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 19, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.