CrPC 25A→BNSS 20

CrPC 25A to BNSS 20: Directorate of Prosecution

Section 25A CrPC (1973) replaced by Section 20 BNSS (2023)

View CrPC Section 25A →View BNSS Section 20 →

CrPC 25A to BNSS 20 at a Glance

Section 25A CrPC (Directorate of Prosecution) is now Section 20 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 25A to BNSS 20?

Section 25A of the Code of Criminal Procedure, 1973 was replaced by Section 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 20(1)(b) BNSS adds a District Directorate of Prosecution in every district. Section 20(2)(a) BNSS reads fifteen years or is or has been a Sessions Judge where Section 25A(2) CrPC read ten years, and Section 20(2) BNSS has no counterpart to the concurrence of the Chief Justice of the High Court in Section 25A(2) CrPC. Section 20(2)(b) BNSS adds the eligibility of an Assistant Director of Prosecution. Section 20(3) BNSS reads headed by the Director of Prosecution and the Home Department where Section 25A(3) CrPC read The Head of the Directorate of Prosecution and the Head of the Home Department. Section 20(4) BNSS and Section 20(6) BNSS add the Assistant Director of Prosecution. Section 20(5) BNSS and Section 20(6) BNSS read section 18 and section 19 where Section 25A(5) CrPC and Section 25A(6) CrPC read section 24 and section 25. Section 20(7) BNSS, Section 20(8) BNSS, Section 20(9) BNSS and Section 20(10) BNSS have no counterpart in Section 25A CrPC. Section 20(11) BNSS reads the other powers and functions and adds the Assistant Directors of Prosecution where Section 25A(7) CrPC read the powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution.

CrPC 25A vs BNSS 20: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section25A20
HeadingDirectorate of ProsecutionSame
Sub-sections8 sub-sections12 sub-sections
Cross-referencess.24, s.25s.18, s.19

CrPC 25A and BNSS 20: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 25A, CrPC 1973

25A. Directorate of Prosecution.—(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit. (2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court. (3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State. (4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution. (7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
BNSS 2023 (in force)

Section 20, BNSS 2023

20. Directorate of Prosecution.—(1) The State Government may establish,— (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and (b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit. (2) A person shall be eligible to be appointed,— (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge; (b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class. (3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State. (4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution. (7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita. (11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

When It Applies: CrPC 25A vs BNSS 20

Under CrPC 25A
  1. Under Section 25A(1) CrPC, the State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
  2. Under Section 25A(2) CrPC, a person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has practised as an advocate for not less than ten years.
  3. Under Section 25A(2) CrPC, the appointment of a Director of Prosecution or a Deputy Director of Prosecution shall be made with the concurrence of the Chief Justice of the High Court.
  4. Under Section 25A(3) CrPC, the Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.
  5. Under Section 25A(4) CrPC, every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
  6. Under Section 25A(5) CrPC, every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Section 24(1) CrPC or Section 24(8) CrPC to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
  7. Under Section 25A(6) CrPC, every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Section 24(3) CrPC or Section 24(8) CrPC to conduct cases in District Courts, and every Assistant Public Prosecutor appointed under Section 25(1) CrPC, shall be subordinate to the Deputy Director of Prosecution.
  8. Under Section 25A(7) CrPC, the powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution, and the areas for which each of the Deputy Directors of Prosecution have been appointed, shall be such as the State Government may, by notification, specify.
  9. Under Section 25A(8) CrPC, Section 25A CrPC shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.
Under BNSS 20
  1. Under Section 20(1)(a) BNSS, the State Government may establish a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
  2. Under Section 20(1)(b) BNSS, the State Government may establish a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.
  3. Under Section 20(2)(a) BNSS, a person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, if he has practised as an advocate for not less than fifteen years or is or has been a Sessions Judge.
  4. Under Section 20(2)(b) BNSS, a person shall be eligible to be appointed as an Assistant Director of Prosecution, if he has practised as an advocate for not less than seven years or has been a Magistrate of the first class.
  5. Under Section 20(3) BNSS, the Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State.
  6. Under Section 20(4) BNSS, every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution, and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution.
  7. Under Section 20(5) BNSS, every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Section 18(1) BNSS or Section 18(8) BNSS to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
  8. Under Section 20(6) BNSS, every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Section 18(3) BNSS or Section 18(8) BNSS to conduct cases in District Courts, and every Assistant Public Prosecutor appointed under Section 19(1) BNSS, shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution.
  9. Under Section 20(7) BNSS, the powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals.
  10. Under Section 20(8) BNSS, the powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal.
  11. Under Section 20(9) BNSS, the functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years.
  12. Under Section 20(10) BNSS, notwithstanding anything contained in Section 20(7) BNSS, Section 20(8) BNSS and Section 20(9) BNSS, the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita.
  13. Under Section 20(11) BNSS, the other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution, and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed, shall be such as the State Government may, by notification, specify.
  14. Under Section 20(12) BNSS, Section 20 BNSS shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

What CrPC 25A to BNSS 20 Means in Practice

From 1 July 2024, the Directorate of Prosecution is found in Section 20 BNSS instead of Section 25A CrPC. Section 20(2)(a) BNSS reads not less than fifteen years or is or has been a Sessions Judge where Section 25A(2) CrPC read not less than ten years, and Section 20(2) BNSS has no counterpart to the concurrence of the Chief Justice of the High Court. Section 20(1)(b) BNSS, Section 20(2)(b) BNSS, Section 20(7) BNSS, Section 20(8) BNSS, Section 20(9) BNSS and Section 20(10) BNSS have no counterpart in Section 25A CrPC.

FAQs: CrPC 25A to BNSS 20

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 25A CrPC found in?▼

From 1 July 2024, Section 25A of the Code of Criminal Procedure, 1973 is found in Section 20 BNSS. Section 25A(1) CrPC is found in Section 20(1)(a) BNSS, Section 25A(2) CrPC in Section 20(2)(a) BNSS, Section 25A(3) CrPC in Section 20(3) BNSS, Section 25A(4) CrPC in Section 20(4) BNSS, Section 25A(5) CrPC in Section 20(5) BNSS, Section 25A(6) CrPC in Section 20(6) BNSS, Section 25A(7) CrPC in Section 20(11) BNSS and Section 25A(8) CrPC in Section 20(12) BNSS.

What changed between Section 25A(2) CrPC and Section 20(2) BNSS?▼

Section 20(2)(a) BNSS reads not less than fifteen years or is or has been a Sessions Judge where Section 25A(2) CrPC read not less than ten years. Section 20(2) BNSS has no counterpart to the words of Section 25A(2) CrPC, which read that such appointment shall be made with the concurrence of the Chief Justice of the High Court. Section 20(2)(b) BNSS adds that a person shall be eligible to be appointed as an Assistant Director of Prosecution, if he has practised as an advocate for not less than seven years or has been a Magistrate of the first class.

Which sub-sections of Section 20 BNSS have no counterpart in Section 25A CrPC?▼

Section 20(1)(b) BNSS, Section 20(2)(b) BNSS, Section 20(7) BNSS, Section 20(8) BNSS, Section 20(9) BNSS and Section 20(10) BNSS have no counterpart in Section 25A CrPC. Section 20(7) BNSS, Section 20(8) BNSS and Section 20(9) BNSS provide for the powers and functions of the Director of Prosecution, the Deputy Director of Prosecution and the Assistant Director of Prosecution. Section 20(10) BNSS provides that the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita.

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 ·