Assistant Public Prosecutors
Section 25 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
[(1A) 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.]
(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
1 Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978)
(3) 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;
Provided that a police officer shall not be so appointed-
(a) if he has taken any part in the investigation into the offence with respect to which the accused being prosecuted; or
(b) if he is below the rank of Inspector.
CHAP
POWER OF COURTS
CHAPTER III
POWER OF COURTS
Section 25, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 19 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 The repealed enactment still governs what happened while it was in force.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.
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.
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Manoj vs State of M. P
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
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V.ramachandran Thr.his Father S.varadarajan vs State of N.c.t. of Delhi
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 25
What have the courts held on Section 25 of the Code of Criminal Procedure?
Manoj vs State of M. P (25 Sep 2008) is the leading judgment on this section among those set out below: 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 25 of the Code of Criminal Procedure?
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: CRPC 25, section 25 CRPC, section 25 of the Code of Criminal Procedure. 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 25 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 19 (Assistant Public Prosecutors), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 25 of the Code of Criminal Procedure come into force?
Section 25 of the Code of Criminal Procedure, cited as CRPC 25, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.