Section 25 CrPC: Assistant Public prosecutors

Code of Criminal Procedure, 1973

Section 25 CrPC at a Glance

Section 25 CrPC deals with assistant Public prosecutors. From 1 July 2024 it is replaced by Section 19 BNSS.

Now BNSS

What Section 25 CrPC Says

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.

Source: Section 25, Code of Criminal Procedure, 1973

Section 25 CrPC in Simple Words

Section 25 of the Code of Criminal Procedure, 1973 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.

Save as otherwise provided in Section 25(3) CrPC, no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. Under Section 25(3) CrPC, 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, but a police officer who took part in the investigation or is below the rank of Inspector shall not be so appointed.

When Section 25 CrPC Applies

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.
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.
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.
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.
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.

Example of Section 25 CrPC

A prosecution against Suresh is listed before a Court of a Magistrate, and no Assistant Public Prosecutor is available for that particular case. Under Section 25(3) of the Code of Criminal Procedure, 1973, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of the case. Sub-Inspector Ramesh and Inspector Kavita are considered. Under the proviso to Section 25(3) CrPC, Ramesh shall not be so appointed because Ramesh is below the rank of Inspector. Kavita holds the rank of Inspector and took no part in the investigation into the offence against Suresh, so the District Magistrate may appoint Kavita as the Assistant Public Prosecutor in charge of that case.

When Section 25 CrPC Does Not Apply

Section 25(1) and Section 25(1A) of the Code of Criminal Procedure, 1973 do not apply to the appointment of prosecutors for proceedings in courts other than the Courts of Magistrates.
Section 25(3) CrPC does not authorise the District Magistrate to appoint another person for a case when an Assistant Public Prosecutor is available for that case.

Section 25 CrPC Under BNSS 19: What Changed

Section 25 CrPC is now covered under Section 19 BNSS.

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.

View detailed comparison (CrPC 25 vs BNSS 19) →

FAQs on Section 25 CrPC

Who appoints Assistant Public Prosecutors for the Courts of Magistrates under Section 25 CrPC?▼

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. Under Section 25(1A) CrPC, the Central Government may also appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.

Can a police officer be appointed as an Assistant Public Prosecutor under Section 25 CrPC?▼

Under Section 25(2) of the Code of Criminal Procedure, 1973, no police officer shall be eligible for appointment as an Assistant Public Prosecutor, save as otherwise provided in Section 25(3) CrPC. Under the proviso to Section 25(3) CrPC, when no Assistant Public Prosecutor is available for a particular case, the District Magistrate may appoint a police officer only if that officer is not below the rank of Inspector and has taken no part in the investigation into the offence.

When may the District Magistrate appoint a person to act as an Assistant Public Prosecutor under Section 25 CrPC?▼

Under Section 25(3) of the Code of Criminal Procedure, 1973, the District Magistrate may make this appointment where no Assistant Public Prosecutor is available for the purposes of any particular case. The District Magistrate may then appoint any other person to be the Assistant Public Prosecutor in charge of that case. Under the proviso, 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 is below the rank of Inspector.

Which provision replaced Section 25 CrPC from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 25 CrPC is found in Section 19 BNSS. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·