Section 25A CrPC: Directorate of Prosecution

Code of Criminal Procedure, 1973

Section 25A CrPC at a Glance

Section 25A CrPC deals with directorate of Prosecution. From 1 July 2024 it is replaced by Section 20 BNSS.

Now BNSS

Section 20 →

What Section 25A CrPC Says

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.

Source: Section 25A, Code of Criminal Procedure, 1973

Section 25A CrPC in Simple Words

Section 25A of the Code of Criminal Procedure, 1973 deals with the Directorate of Prosecution. 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. Section 25A(2) CrPC deals with who shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, and with the concurrence of the Chief Justice of the High Court.

Section 25A(3) CrPC deals with the Head of the Directorate of Prosecution. Section 25A(4) CrPC, Section 25A(5) CrPC and Section 25A(6) CrPC deal with who shall be subordinate to the Director of Prosecution and the Deputy Director of Prosecution. Section 25A(7) CrPC deals with the powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution.

Section 25A(8) CrPC deals with the Advocate General for the State.

When Section 25A CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • Under Section 25A(4) CrPC, every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 25A CrPC

The State Government establishes a Directorate of Prosecution under Section 25A(1) of the Code of Criminal Procedure, 1973. Kavita has practised as an advocate for not less than ten years. Under Section 25A(2) CrPC, Kavita shall be eligible to be appointed as a Director of Prosecution, and the appointment of Kavita shall be made with the concurrence of the Chief Justice of the High Court. Under Section 25A(3) CrPC, Kavita shall function under the administrative control of the Head of the Home Department in the State.

When Section 25A CrPC Does Not Apply

  • Section 25A CrPC speaks of the Directorate of Prosecution. It does not deal with the appointment of a Public Prosecutor for the High Court, which Section 24 CrPC speaks of.
  • Section 25A CrPC speaks of the Directorate of Prosecution. It does not deal with the appointment of an Assistant Public Prosecutor, which Section 25 CrPC speaks of.

Section 25A CrPC Under BNSS 20: What Changed

Section 25A CrPC is now covered under Section 20 BNSS.

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.

View detailed comparison (CrPC 25A vs BNSS 20) →

FAQs on Section 25A CrPC

Who shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution under Section 25A CrPC?▼

Under Section 25A(2) of the Code of Criminal Procedure, 1973, 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. Section 25A(2) CrPC provides that such appointment shall be made with the concurrence of the Chief Justice of the High Court.

Who shall be subordinate to the Director of Prosecution and to the Deputy Director of Prosecution under Section 25A CrPC?▼

Section 25A(4) CrPC provides that every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution. Section 25A(5) CrPC provides that 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. Section 25A(6) CrPC provides that 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.

What do Section 25A(7) CrPC and Section 25A(8) CrPC provide?▼

Section 25A(7) CrPC provides that 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. Section 25A(8) CrPC provides that Section 25A CrPC shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

Where is Section 25A CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

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. 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.

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