Section 19 BNSS: Assistant Public Prosecutors

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 19 BNSS at a Glance

Section 19 BNSS deals with assistant Public Prosecutors. It replaced Section 25 CrPC on 1 July 2024.

Was CrPC

Section 25 →

Section 19 BNSS Bare Act Text

(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.

Source: Section 19, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 19 BNSS in Simple Words

Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with Assistant Public Prosecutors, who conduct prosecutions in the Courts of Magistrates. The State Government shall appoint one or more Assistant Public Prosecutors in every district, and the Central Government may appoint one or more for any case or class of cases in the Courts of Magistrates.

Where no Assistant Public Prosecutor is available for a 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. Under the proviso to Section 19(3) BNSS, 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.

When Section 19 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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 Under Section 19 BNSS

  • 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”

Example of Section 19 BNSS

A prosecution against Vikram is pending before a Court of a Magistrate, and no Assistant Public Prosecutor is available for that particular case. Under Section 19(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of the case after giving notice of fourteen days to the State Government. Inspector Meera and Sub-Inspector Ajay are considered. Under the proviso to Section 19(3) BNSS, Ajay is not eligible because Ajay is below the rank of Inspector. Meera holds the rank of Inspector and took no part in the investigation into the offence against Vikram, so after giving the notice the District Magistrate may appoint Meera for that case.

When Section 19 BNSS Does Not Apply

  • Section 19(1) and Section 19(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 do not apply to the appointment of prosecutors for proceedings in courts other than the Courts of Magistrates.
  • Section 19(3) BNSS does not empower the District Magistrate to appoint another person for a case when an Assistant Public Prosecutor is available for that case, or without giving notice of fourteen days to the State Government.

Section 19 BNSS in the CrPC (Previous Law)

Section 19 BNSS replaced Section 25 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 19 BNSS

Who can appoint Assistant Public Prosecutors under Section 19 BNSS?▼

Under Section 19(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government shall appoint one or more Assistant Public Prosecutors in every district for conducting prosecutions in the Courts of Magistrates. Under Section 19(2) BNSS, the Central Government may also appoint one or more Assistant Public Prosecutors to conduct any case or class of cases in those courts. Where none is available for a particular case, the District Magistrate may appoint another person under Section 19(3) BNSS.

When and how may the District Magistrate appoint an Assistant Public Prosecutor under Section 19(3) BNSS?▼

Under Section 19(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the District Magistrate may make this appointment where no Assistant Public Prosecutor is available for the purposes of any particular case. Section 19(3) BNSS applies without prejudice to the provisions contained in Section 19(1) BNSS and Section 19(2) BNSS. 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.

Which police officers are ineligible for appointment as an Assistant Public Prosecutor under Section 19 BNSS?▼

Under the proviso to Section 19(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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, under Section 19(3)(a) BNSS, or is below the rank of Inspector, under Section 19(3)(b) BNSS.

What changed from Section 25 CrPC to Section 19 BNSS from 1 July 2024?▼

From 1 July 2024, Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 25 of the Code of Criminal Procedure, 1973. Section 19(3) BNSS provides that the District Magistrate may appoint any other person 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. Section 19 BNSS 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 took part in the investigation or is below the rank of Inspector, where the proviso to Section 25(3) CrPC read a police officer shall not be so appointed. Section 25(1A) CrPC is numbered Section 19(2) BNSS.

Section 19 BNSS: Sub-sections Explained

Section 19(1) BNSS: Assistant Public prosecutors

▶

Bare Act Text

(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

Previous Law

CrPC 25 → Section 19(1) BNSS

Section 19(2) BNSS: Assistant Public prosecutors

▶

Bare Act Text

(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.

Previous Law

CrPC 25(1A) → Section 19(2) BNSS

Section 19(3) BNSS: Assistant Public prosecutors

▶

Bare Act Text

(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.

Previous Law

CrPC 25(3) → Section 19(3) BNSS

Have questions about Section 19 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·