Section 25A CrPC and Section 20 BNSS: Directorate of Prosecution in India
The Directorate of Prosecution is the administrative framework through which State Governments organise and supervise criminal prosecution. The earlier provision was Section 25A of the Code of Criminal Procedure, 1973 (CrPC). The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, is Section 20.
What is a Directorate of Prosecution?
It is a State-level prosecutorial institution headed by the Director of Prosecution, with subordinate officers supervising and coordinating the work of Public Prosecutors and Assistant Public Prosecutors. The State Government may establish a State Directorate and, under BNSS Section 20(1), a District Directorate of Prosecution in every district.
Section 20 BNSS: current legal provisions
Establishment and eligibility - subsections (1) and (2)
The State Government may constitute a State Directorate with a Director and Deputy Directors, and District Directorates with Deputy Directors and Assistant Directors. A Director or Deputy Director must have at least 15 years of practice as an advocate or be or have been a Sessions Judge. An Assistant Director must have at least seven years of practice as an advocate or have been a Magistrate of the first class.
Administration and reporting - subsections (3) to (6)
The Director heads the Directorate under the administrative control of the State Home Department. Deputy and Assistant Directors are subordinate to the Director; Assistant Directors are also subordinate to Deputy Directors. State-appointed prosecutors conducting High Court cases are subordinate to the Director, while those conducting District Court cases and Assistant Public Prosecutors are subordinate to a Deputy Director or Assistant Director, as provided in Section 20.
Functions according to seriousness of offence - subsections (7) to (10)
- Director: monitors cases punishable with imprisonment of ten years or more, life imprisonment or death, works to expedite proceedings and gives opinions on filing appeals.
- Deputy Director: examines and scrutinises police reports and monitors cases punishable with imprisonment of seven years or more but less than ten years.
- Assistant Director: monitors cases concerning offences punishable with imprisonment of less than seven years.
Under subsection (10), these divisions do not prevent the Director, Deputy Director or Assistant Director from dealing with and being responsible for proceedings under the BNSS.
State notifications and Advocate General - subsections (11) and (12)
Other powers, functions and territorial areas may be prescribed by State Government notification. Section 20 does not apply to the State Advocate General while performing the functions of a Public Prosecutor.
Section 25A CrPC: earlier central provision
Section 25A was inserted by Act 25 of 2005, section 4, with effect from 23 June 2006. It provided for a Director of Prosecution and Deputy Directors. The central text required at least ten years' practice as an advocate for appointment as Director or Deputy Director, with concurrence of the Chief Justice of the High Court. The Director worked under the administrative control of the head of the State Home Department, and prosecutors were placed under the relevant Director or Deputy Director. The State Government could specify powers, functions and territorial areas by notification. The provision did not apply to the Advocate General when acting as Public Prosecutor.
Key legal changes under the BNSS
| Issue | Section 25A CrPC | Section 20 BNSS |
|---|---|---|
| Director / Deputy eligibility | 10 years as an advocate, with High Court Chief Justice concurrence under central text | 15 years as an advocate, or current/former Sessions Judge |
| District Directorate | Not expressly structured in central Section 25A | Express provision for District Directorate |
| Assistant Director | Not separately provided in central Section 25A | 7 years as advocate or first-class Magistrate |
| Case-monitoring functions | Primarily specified by State notification | Express statutory bands based on maximum punishment |
State amendments to Section 25A CrPC - historical reference
The original webpage included the following State and Union Territory amendments. They are preserved for historical and transitional reference, not presented as automatically applicable amendments to Section 20 BNSS. Their continuing effect should be checked against current State laws, recruitment rules, notifications and savings provisions.
Jammu and Kashmir and Ladakh (UTs).-
Section 25A.-(i) for sub-sections (1) and (2), substitute-
(1) The Government of the Union territory of Jammu and Kashmir shall establish a
Directorate of Prosecution consisting of a Director General of Prosecution and
such other officers, as may be provided in rules to be framed by the said
Government; and
(2) The Post of Director General of Prosecution and all other
officers, constituting the prosecution cadre, shall be filled in accordance with
the rules to be framed by the said Government.
(ii) in sub-section (3),
substitute "Director of Prosecution" with "Director General of Prosecution";
(iii) for sub-section (4), substitute "(4) subject to the control of the
Director General of Prosecution, the Deputy Director shall be subordinate to and
under the Control of a Joint Director."
(iv) substitute sub-section (5),-
"Every Public Prosecutor, Additional Public Prosecutor and Special Public
Prosecutor appointed by the Government of the Union territory of Jammu and
Kashmir under subsection (1), or the case may be under sub-section (8) of
section 24 to conduct cases in the High Court shall be subordinate to the
Advocate General.";
(v) for sub-section (7), substitute-
"(7) The powers and functions of the Director General of Prosecution and other
officers of the prosecution cadre shall be such as may be provided by the
rules".
(vi) omit sub-section (8).
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order,
2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union
Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O.3774(E), dated (23-10-2020).]
Jammu and Kashmir and Ladakh (UTs).-
Section 25A.-In sub-section (4), for
"Joint Director", substitute "Director Prosecution".
[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu
and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f.
26-10-2020).]
--------
1. Ins. by Act 25 of 2005, s. 4 (w.e.f. 23-6-2006).
Official statutory sources
Consult the Bureau of Police Research and Development - New Criminal Laws and its BNSS reference text (PDF). For the authoritative text and amendments, consult the India Code legislative database and applicable State Government gazettes.
Frequently asked questions
Which section replaces Section 25A CrPC?
Section 20 of the BNSS, 2023, corresponds to Section 25A of the CrPC, 1973.
Who appoints the Director of Prosecution?
The State Government establishes the Directorate and appoints officers under applicable law and recruitment rules. Section 20 BNSS specifies eligibility criteria.
Does Section 20 BNSS apply to the Advocate General?
No. Subsection (12) excludes the State Advocate General when performing the functions of a Public Prosecutor.
Legal information only. Verify current State-specific notifications and judicial decisions before relying on a provision in a particular case.