Indian Criminal Procedure Law | Updated October 2026
Assistant Public Prosecutors: Section 25 CrPC and Section 19 BNSS
Assistant Public Prosecutors conduct prosecutions before Magistrates. This guide explains their appointment, the restrictions on police officers, temporary appointments, and the transition from Section 25 of the Code of Criminal Procedure, 1973 to Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Who is an Assistant Public Prosecutor?
An Assistant Public Prosecutor (APP) is a prosecution officer appointed to conduct criminal prosecutions in the Courts of Magistrates. The post is distinct from that of a Public Prosecutor or Additional Public Prosecutor, whose appointments are addressed under Section 24 CrPC and Section 18 BNSS.
Section 19 BNSS: Current statutory provisions
Section 19(1): State Government appointments
The State Government must appoint one or more Assistant Public Prosecutors in every district to conduct prosecutions before Magistrates.
Section 19(2): Central Government appointments
The Central Government may appoint one or more Assistant Public Prosecutors to conduct any case or class of cases before Magistrates.
Section 19(3): Appointment where no APP is available
Where an APP is unavailable for a particular case, the District Magistrate may appoint another person to act as APP for that case, after giving fourteen days' notice to the State Government.
A police officer cannot be appointed under this proviso if the officer participated in investigating the offence concerned or is below the rank of Inspector. These restrictions protect the separation of investigation and prosecution.
Section 25 CrPC: Earlier statutory framework
Section 25 of the Code of Criminal Procedure, 1973 provided the following:
- Sub-section (1): The State Government was required to appoint one or more APPs in every district for prosecutions in Magistrates' Courts.
- Sub-section (1A): The Central Government could appoint APPs for any case or class of cases before Magistrates. This provision was inserted by Act 45 of 1978, section 9, effective 18 December 1978.
- Sub-section (2): A police officer was ordinarily ineligible for appointment as an APP, subject to the exception in sub-section (3).
- Sub-section (3): When no APP was available for a case, the District Magistrate could appoint another person for that case. A police officer who investigated the offence, or who was below Inspector rank, could not be appointed.
Unlike the earlier Section 25(3), the corresponding BNSS provision expressly requires fourteen days' notice to the State Government before the District Magistrate makes such an appointment.
State amendment: Odisha (formerly Orissa)
The original page records the Orissa Act 6 of 1995, section 2, which inserted a proviso into Section 25(2) CrPC. The proviso clarified that the prohibition on appointing police officers as APPs did not prevent the State Government from exercising control over APPs through police officers.
This is a historical state amendment to the CrPC. Its continued relevance to a particular proceeding should be assessed with the applicable repeal, savings and state adaptation provisions; it should not automatically be treated as an amendment to Section 19 BNSS.
Practical legal implications
For an appointment or prosecution arising under the present criminal procedure framework, the relevant appointing authority, the availability of a regular APP, the fourteen-day notice requirement, and any prior involvement of a proposed police officer in the investigation should be examined. The applicable procedural law may depend on when the investigation or proceeding commenced and the statutory savings provisions.
Official legislation and further reading
Consult the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code PDF), particularly Sections 19 and 531. The India Code portal provides access to central legislation and updates. See also the CrPC provisions index and Directorate of Prosecution under Section 25A CrPC.
Frequently asked questions
Which BNSS section corresponds to Section 25 CrPC?
Section 19 of the BNSS, 2023.
Can the District Magistrate appoint an APP for a particular case?
Yes, where no APP is available for that case, subject to the fourteen-day notice requirement under Section 19(3) BNSS and the statutory restrictions concerning police officers.
Can an investigating police officer serve as APP in the same case?
No. A police officer who participated in investigating the offence cannot be appointed as APP for that prosecution under the exception in Section 19(3).
This article provides general statutory information. Check current notifications, state-specific provisions and case-specific transitional rules before relying on it.