CrPC 25→BNSS 19

CrPC 25 to BNSS 19: Assistant Public prosecutors

Section 25 CrPC (1973) replaced by Section 19 BNSS (2023)

View CrPC Section 25 →View BNSS Section 19 →

CrPC 25 to BNSS 19 at a Glance

Section 25 CrPC (Assistant Public prosecutors) is now Section 19 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 25 to BNSS 19?

Section 25 of the Code of Criminal Procedure, 1973 became Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 25(1A) CrPC is numbered Section 19(2) BNSS. Section 19(3) BNSS adds that the District Magistrate appoints after giving notice of fourteen days to the State Government, and opens with words providing that it is without prejudice to Section 19(1) BNSS and Section 19(2) BNSS. Section 19 BNSS does not contain Section 25(2) CrPC as a separate sub-section, and the proviso to Section 19(3) BNSS reads no police officer shall be eligible to be appointed as an Assistant Public Prosecutor if that officer took part in the investigation or is below the rank of Inspector.

CrPC 25 vs BNSS 19: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section2519
HeadingAssistant Public prosecutorsSame
Sub-sections4 sub-sections3 sub-sections

CrPC 25 and BNSS 19: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 25, CrPC 1973

25. Assistant Public prosecutors.—(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. (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 is being prosecuted; or (b) if he is below the rank of Inspector.
BNSS 2023 (in force)

Section 19, BNSS 2023

19. Assistant Public Prosecutors.—(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.

When It Applies: CrPC 25 vs BNSS 19

Under CrPC 25
  1. Under Section 25(1) of the Code of Criminal Procedure, 1973, the State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
  2. Under Section 25(1A) CrPC, 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. Under Section 25(2) CrPC, save as otherwise provided in Section 25(3) CrPC, no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
  4. Under Section 25(3) CrPC, 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.
  5. The proviso to Section 25(3) CrPC provides that a police officer shall not be so appointed if that officer has taken any part in the investigation into the offence with respect to which the accused is being prosecuted, or if that officer is below the rank of Inspector.
Under BNSS 19
  1. Under Section 19(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
  2. Under Section 19(2) BNSS, the Central Government may appoint one or more Assistant Public Prosecutors to conduct any case or class of cases in the Courts of Magistrates.
  3. Under Section 19(3) BNSS, without prejudice to the provisions contained in Section 19(1) BNSS and Section 19(2) BNSS, 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.
  4. The proviso to Section 19(3) BNSS provides that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor if that officer has taken any part in the investigation into the offence with respect to which the accused is being prosecuted, or is below the rank of Inspector.

Time Limits: CrPC 25 to BNSS 19

Under CrPC 25

Section 25 CrPC states no time limit.

Under BNSS 19
  • Under Section 19(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the District Magistrate must give notice of fourteen days to the State Government before appointing another person as the Assistant Public Prosecutor in charge of a particular case.Act text: “after giving notice of fourteen days to the State Government”

What CrPC 25 to BNSS 19 Means in Practice

From 1 July 2024, the provision on Assistant Public Prosecutors is found in Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 25 of the Code of Criminal Procedure, 1973. Under Section 19(3) BNSS, the District Magistrate appoints another person for a particular case after giving notice of fourteen days to the State Government, which Section 25(3) CrPC did not provide. The eligibility of police officers is set out in the proviso to Section 19(3) BNSS, and Section 19 BNSS has no separate sub-section in the words of Section 25(2) CrPC.

FAQs: CrPC 25 to BNSS 19

How do the sub-sections of Section 25 CrPC map to Section 19 BNSS?▼

From 1 July 2024, Section 25 of the Code of Criminal Procedure, 1973 is found in Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 25(1) CrPC maps to Section 19(1) BNSS, Section 25(1A) CrPC maps to Section 19(2) BNSS, and Section 25(3) CrPC with its proviso maps to Section 19(3) BNSS with its proviso. Section 19 BNSS has no separate sub-section in the words of Section 25(2) CrPC, and the eligibility of police officers is dealt with in the proviso to Section 19(3) BNSS.

What changed in the District Magistrate's power to appoint an Assistant Public Prosecutor for a particular case?▼

Under Section 25(3) of the Code of Criminal Procedure, 1973, where no Assistant Public Prosecutor was available for a particular case, the District Magistrate could appoint any other person, and Section 25(3) CrPC said nothing about notice. Section 19(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the District Magistrate may make that appointment after giving notice of fourteen days to the State Government, and opens with words providing that it is without prejudice to the provisions contained in Section 19(1) BNSS and Section 19(2) BNSS.

How do Section 25 CrPC and Section 19 BNSS word the eligibility of police officers to be Assistant Public Prosecutors?▼

Section 25(2) of the Code of Criminal Procedure, 1973 provided that, save as otherwise provided in Section 25(3) CrPC, no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, and the proviso to Section 25(3) CrPC provided that a police officer shall not be so appointed if that officer took part in the investigation or is below the rank of Inspector. Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not contain Section 25(2) CrPC as a separate sub-section. The proviso to Section 19(3) BNSS reads no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if that officer has taken any part in the investigation into the offence with respect to which the accused is being prosecuted, or is below the rank of Inspector.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·