Chapter II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:--

1. (i) Courts of Session;
2. (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
3. (iii) Judicial Magistrates of the second class; and
4. (iv) Executive Magistrates.

1. (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Code, be a district or consist of districts: Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.
2. (2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
3. (3) The State Government may, after consultation with the High Court, divide any district into subdivisions and may alter the limits or the number of such sub-divisions.
4. (4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

1. (1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.
2. (2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.
3. (3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.
4. (4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
5. (5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place. Explanation.--In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published. STATE AMENDMENT Delhi-- In its application to the National Capital Territory of Delhi, in section 8,--
   • (a) in sub-section (1), for the words "a city or town", substitute "a city or town or part thereof--;
   • (b) for sub-section (3), substitute the following sub-section, namely:-- "(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area: Provided that--
   • (a) the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and
   • (b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million.";
   • (c) after sub-section (4), insert the following sub-section, namely: -- "(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pendings immediately before such division before any Magistrate or court having jurisdiction in respect of such area." [Vide Delhi Act 9 of 2011, s. 2.]

1. (1) The State Government shall establish a Court of Session for every sessions division.
2. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
3. (3) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.
4. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
5. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
6. (6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. Explanation.--For the purposes of this Code, appointment does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government. STATE AMENDMENT West Bengal.---- To sub-section (3) of section 9 of the principal Act, the following provisos shall be added:-- Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of session 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449: Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.. [Vide West Bengal Act, 24 of 1988, s. 3.] Orissa Amendment of section 9.-In Section 9 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), to sub-section (3), the following provisions shall be added, namely:-- Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or subdivision, other than the district or subdivision, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions shall have all the powers of the Sessions Judge under this Code, in respect of the cases and the proceedings in the Criminal Courts in that district or subdivision for the purposes of sub-section (7) of section 116, sections 193 and 194, clause (a) of section 209 and sections 409 and 449: Provided further that the above powers shall be not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code. [Vide Orissa Act 6 of 2004, s. 2] Uttar Pradesh Amendment of section 9 of Act 2 of 1974.--In section 9 of the Code of Criminal Procedure, 1973, hereinafter referred to as the said Code, in sub-section (6), the following proviso shall be inserted, namely :-- "Provided that the Court of Session may hold, or the High Court may direct the Court of session to hold, its sitting in any particular case at any place in the session division, where it appears expedient to do so for consideration of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary." [Vide Uttar Pradesh Act 16 of 1976, s. 2] UttarPradesh In section 9 of the Code of Criminal Procedure, 1973 hereinafter referred to the said Code, after subsection (5), the following sub-section shall be inserted, namely ; "(5-A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his court is held, the senior-most among the Additional Sessions Judges, and the Assistant sessions Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing his ordinary duties, assume charge of the office of the Sessions Judge and continue in charge thereof until the officer is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the powers of the Sessions Judge." [Vide Uttar Pradesh Act 1 of 1984, s. 2]

1. (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
2. (2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
3. (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

1. (1) In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: 1[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]
2. (2) The presiding officers of such Courts shall be appointed by the High Court.
3. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. STATE AMENDMENTS Andaman and Nicobar Islands (U.T.).-- Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) of section 11, for the words "any member of the judicial service of the state functioning as a judge in a civil court", the words "any person discharging the functions of a civil court", shall be substituted. [Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 4.] Uttar Pradesh Amendment of section 11.-- In section 11 of the said Code, after sub-section (1) the following subsection shall be inserted and be deemed always to have been inserted, namely :-- ""(1-A) The State Government may like-wise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases; or in regard to cases, generally, in any local area." [Vide Uttar Pradesh Act 16 of 1976, s. 3] Bihar Amendment of Section 11.-- After sub-section (3) of Section 11 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code) the following sub-section shall be inserted and shall be deemed always to have been inserted, namely:-- "(4) The State Government may likewise establish for any local area one or more courts of Judicial Magistrate of the First Class or Second Class to try any particular cases or particular class or categories of cases." [Vide Bihar Act 8 of 1977, s. 2]

¹ Added by Act 45 of 1978, s. 3 (w.e.f. 1 8-12-1978).

1. (1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
2. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
3. (3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
   • (b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf. STATE AMENDMENT Uttar Pradesh In section 12 of the said Code, after sub-section (3), the following sub-section shall be inserted, namely ; “(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrate and other Judicial Magistrate present at the place, and in their absence the District Magistrates present at the place, and in their absence the District Magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.” [Vide Uttar Pradesh Act 1 of 1984, s. 3]

1. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1 [of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:] Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
2. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 2[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.] STATE AMENDMENTS Assam-- For section 13 of the Code, the following shall be substituted, namely:-- "13.(1) The State Government may appoint as may persons as it thinks fit to be sub divisional Magistrates in any district in the State of Assam.
3. (2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Subdivisional Magistrates in charge of a subdivision". [Vide Assam Act 13 of 1964, s. 2.] Himachal Pradesh Amendment of Section 13.-- in Sub-section (1) of section 13 of the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words "in any district" the words "in any local area" shall be substituted. [Vide Himachal Pradesh Act 40 of 1976, s. 2.] Andhra Pradesh and Telangana.-- Amendment of section 13, Act (2 of 1974).--In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Principal Act) in section 13, in sub-section (2) for the words "not exceeding one year at a time" the words "not exceeding two years at a time" shall be substituted and to the said sub-section the following proviso, shall be added, namely:-- "Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment". [Vide Andhra Pradesh Act 2 of 1992, s. 2.] Uttar Pradesh Amendment of section 13."In section 13 of said Code, for the words "second-class" the words "first or second-class" shall be substituted and for the words "in any district", the words "in any local area" shall be substituted. [Vide Uttara Pradesh Act 16 of 1976, s. 4] Bihar Amendment of Section 13.-- In Section 13 of the said Code for the word "in any district" the words "in any local area" shall be substituted and shall be deemed to have been always substituted. [Vide Bihar Act 8 of 1977, s. 3]

¹ Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18 -12-1978 ).

² Ins. by Act 45 of 1978, s. 4 (w.e.f. 18 -12-1978).

1. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code: 1[Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.]
2. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.] STATE AMENDMENT Maharashtra Insertion of section 14A in Act 2 of 1974.--after section 14 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter referred to as “the said Code"), the following section shall be inserted, namely:-- 14A. Investing Judicial Magistrates with jurisdiction in specified cases or local area.--The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferrable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases or in regard to cases generally in any local area consisting of all or any of the districts specified by it in this behalf. [Vide Maharashtra Act 23 of 1976, s. 2]

³ Added by Act 45 of 1978, s. 5 (w.e.f. 18 -12-1978).

⁴ Ins. by Act 45 of 1978, s. 5 (w.e.f. 18 -12-1978).

1. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
2. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him. STATE AMENDMENT Bihar Amendment of Section 15.--After sub-section (2) of Section 15 of the said Code the following sub-section shall be substituted and shall be deemed always to have been substituted, namely: -- "(3) Any Judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his court shall be subordinate to the Chief Judicial Magistrate of the said district and reference in the Code to the Sessions Judge shall be deemed to be reference to the Sessions Judge of that district where he holds his court." [Vide Bihar Act 8 of 1977, s. 4]

1. (1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
2. (2) The presiding officers of such Courts shall be appointed by the High Court.
3. (3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. STATE AMENDMENT Uttar Pradesh In section 16 of the said Code, after sub-section (3), the following sub-section shall be inserted, namely :— “(4) Where the Office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Metropolitan Magistrate and other Metropolitan Magistrate present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate.” [Vide Uttar Pradesh Act 1 of 1984, s. 4]

¹ S. 25 omi tted by Act 2 of 2006, s. 8 (w.e.f. 16 -4-2006).

1. (1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
2. (2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

1. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases 1* * * , in any metropolitan area within its local jurisdiction: Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
2. (2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 2[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.] STATE AMENDMENT Andhra Pradesh and Telangana.-- Amendment of section 18.-- In section 18 of the Principal Act, in sub-section (2) for the words "not exceeding one year at a time, "the words "not exceeding two year at a time, "the words "not exceeding two years at a time" shall be substituted and to the said sub-section the following proviso shall be added, namely:-- "Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment". [Vide the Andhra Pradesh Act 2 of 1992, s. 3] Maharashtra Amendment of section 18 of Act 2 of 1974.--In section 18 of the said Code, in sub-section (1), for the words "in any metropolitan area" the words "in one or more metropolitan areas" shall be substituted. [Vide Maharashtra Act 23 of 1976, s. 3]

¹ The words ―or to cases generally‖ omitted by Act 45 of 1978, s. 6 (w.e.f. 18 -12-1978).

² Subs. by Act 45 of 1978, s. 6, for sub -section ( 3) (w.e.f. 18 -12-1978) .

1. (1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
2. (2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
3. (3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

1. (1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
2. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have 1[such] of the powers of a District Magistrate under this Code or under any other law for the time being in force 2[as may be directed by the State Government].
3. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.
4. (4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate. 3[(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.]
5. (5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area. STATE AMENDMENT Uttar Pradesh In section 20 of the said Code, after sub-section (5), the following sub-section shall be inserted, namely :— “(6) the State Government may delegate its powers under sub-section (4) to the District Magistrate.” [Vide Uttar Pradesh Act 1 of 1984, s. 5]

³ Subs. by Act 45 of 1978, s. 7, for ―all or any‖ (w.e.f. 18 -12-1978) .

⁴ Ins. by Act 45 of 1978, s. 7 (w.e.f. 18 -12-1978).

¹ Ins. by Act 25 of 2005, s. 2 (w.e.f. 23 -6-2006).

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit. STATE AMENDMENT. Uttar Pradesh. Amendment of section 21. In section 21 of the said Code, in sub-section (2) the following proviso shall be inserted and deemed always to have been inserted, namely :. Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers.. [Vide the Uttar Pradesh Act 16 of 1976, s. 5.]

1. (1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.
2. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

1. (1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.
2. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

1[24. Public Prosecutors.-- (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.

1. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area.
2. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.
3. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
4. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
5. (6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4). 2[Explanation.--For the purposes of this sub-section,--
   • (a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;
   • (b) "Prosecuting Officer" means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.]
6. (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
7. (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor: 3[Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.]
8. (9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.] STATE AMENDMENTS Karnataka-- Amendment of section 24.-- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) (hereinafter referred to as the principal Act) in sub-section (1),--
   • (i) the words and punctuation mark "or the State Government shall", shall be omitted; and
   • (ii) for the words "appoint a Public Prosecutor" the words "or the State Government shall appoint a Public Prosecutor" shall be substituted. [Vide Karnataka Act 20 of 1982, s. 2.] Maharashtra Amendment of section 24.-- In Section 24 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra:--
   • (a) in sub-section (6), the proviso shall be deleted;
   • (b) after sub-section (6), the following sub-section shall be inserted, namely:-- "(6-A) Notwithstanding anything contained in sub-section (6), the State Government may, subject to the provisions of sub-sections (4) and (5), appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district.". [Vide Maharashtra Act 33 of 2014, s. 2.] Maharashtra Amendment of Section 24 of Act II of 1974.--In section 24 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra,--
   • (a) in sub-section (1), the words ", after consultation with the High Court," shall be deleted;
   • (b) in sub-section (4), for the words "in consultation with the Sessions Judge," the words "with the approval of the State Government," shall be substituted. [Vide Maharashtra Act 34 of 1981, s. 2] Madhya Pradesh-- Amendment of Section 24.--In Section 24 of the principal Act.--
     • (i) in sub-section (6), for the words, "brackets and figure "Notwithstanding anything contained in sub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978;
     • (ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978, namely:-- "(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this sub-section";
     • (iii) in sub-section (7), after the words, bracket and figure "sub-section (6)", the words, brackets, figure and letter "or sub-section (6-A)" shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978; and
     • (iv) in sub-section (9), for the words, brackets and figure, "sub-section (7)", the words, brackets, figures and letter "sub-section (6-A) and sub-section (7)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978. [Vide Madhya Pradesh Act 21 of 1995, s. 3.] West Bengal-- In Sub-section (6) of section 24 of the principal Act, for the words "shall appoint a Public Prosecutor or an Additional Public Prosecutor only", the words "may also appoint a Public Prosecutor or an Additional Public Prosecutor" shall be substituted. [Vide West Bengal Act 26 of 1990, s. 3.] West Bengal In sub-section (6) of section 24 of the principal Act, the proviso shall be omitted. [Vide West Bengal Act 25 of 1992, s. 3.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 24.-- After sub-section (6), insert the following sub-section, namely:-- "(6A).-Notwithstanding anything contained in sub-section (1) and sub-section (6), the Government of the Union territory of Jammu and Kashmir may appoint a person who has been in practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person constituting the cadre of Prosecution for the State of Jammu and Kashmir." [vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Jammu and Kashmir and Ladakh (UTs). -- Section 24.--In sub-section (7), for "sub-section (6)", substitute "sub-section (6) or sub-section (6A)" [Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).] Uttar Pradesh In section 24 of the Code of Criminal Procedure, 1973 "
   • (a) in sub-section (1), after words "Public Prosecutor" the words "and one or more Additional Public Prosecutors" shall be inserted and be deemed always to have been inserted :
   • (b) after sub-section (6), the following sub-section shall be inserted and be deemed always to have been inserted, namely :-- "(7) For the purposes of sub-section (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor shall be deemed to be the period during which such person has been in practice as an advocate." [Vide Uttar Pradesh Act 33 of 1978, s. 2] Uttar Pradesh In section 24 of the Code of Criminal Procedure, 1973, hereinafter referred to as said Code :"
   • (a) in sub-section (1), the words "after consultation with the High Court," shall be omitted;
   • (b) sub-section (4), (5) and (6) shall be omitted.
   • (c) in sub-section (7), the words "or sub-section (6)" shall be omitted. [Vide Uttar Pradesh Act 18 of 1991, s. 2] Bihar 2. Amendment of Section 24 of the Code of Criminal Procedure, 1973 (Act II of 1974) in its application to the State of Bihar.--For sub-section (6) of Section 24 of the Code of Criminal Procedure, 1973 (Act II of 1974) the following sub-section shall be substituted and shall always be deemed to have been substituted namely: -- "(6) Notwithstanding anything contained in sub-section (5) wherein a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre." [Vide Bihar Act 16 of 1984, s. 2]

² Subs. by Act 45 of 1978, s. 8, for s. 24 (w.e.f. 18 -12-1978).

¹ Ins. by Act 25 of 2005, s. 3 (w.e.f. 23 -6-2006).

² Ins. by Act 5 of 2009, s. 3 (w.e.f. 31 -12-2009).

1. (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. 1[(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. (2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
3. (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. STATE AMENDMENT Orissa Amendment of section 25.--In section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code), to sub-section (2), the following proviso shall be inserted, namely:-- "Provided that nothing in this sub-section shall be construed, to prohibit the State Government from exercising its control over Assistant Public Prosecutors through police officers." [Vide Orissa Act 6 of 1995, s. 2]

³ Ins. by Act 45 of 1978, s. 9 (w.e.f. 18 -12-1978).

1[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.

1. (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.
2. (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.
3. (4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
4. (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.
5. (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.
6. (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.
7. (8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.] STATE AMENDMENT Karnataka-- In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), --
   • (a) for sub-section (2), the following shall be substituted, namely:-- "(2) The post of Director of prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)."
   • (b) for sub-section (5), the following shall be substituted, namely:-- "(5) Every Public Prosecutor, Additional Public Prosecutor appointed by the State Government from the cadre of Prosecutors recruited under the recruitment rules framed by the Government under the Karnataka State Civil Services Act, 1978 shall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecutor, Additional Prosecutor and Special Prosecutor appointed under subsection (8) of section 24 shall be subordinate to the Advocate General."
   • (c) in sub-section (6), for the words "Deputy Director of Prosecution, the words "Director of Prosecution" shall be substituted. [Vide Karnataka Act 39 of 2012, s. 2] Madhya Pradesh-- Substitution of Section 25A.--For section 25A of the principal Act, the following section shall be substituted, namely: -- "25A. Directorate of Prosecution.--(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and such other posts as it thinks fit.
8. (2) The post of Director of Prosecution, Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shall be filled in accordance with the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, as amended from time to time.
9. (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.
10. (4) Every Additional Director of Prosecution, Joint Director of Prosecution, Deputy Director of Prosecution and Assistant Director of Prosecution and other posts specified in sub-section (2) shall be subordinate to the Director of Prosecution.
11. (5) Every Public Prosecutor and Additional Public Prosecutor appointed under the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, shall be subordinate to the Director of Prosecution and every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (1) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct cases in the High Court shall be subordinate to the Advocate General.
12. (6) Every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (3) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct cases in District Courts shall be subordinate to the District Magistrate.
13. (7) The powers and functions of the Director of Prosecution shall be such as the State Government may, by notification, specify.". [Vide Madhya Pradesh Act 18 of 2014, s. 3.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 25A.-(i) for sub-sections (1) and (2), substitute--
14. (1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and
15. (2) The Post of Director General of Prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government.
    • (ii) in sub-section (3), substitute "Director of Prosecution" with "Director General of Prosecution";
    • (iii) for sub-section (4), substitute "(4) subject to the control of the Director General of Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director."
    • (iv) substitute sub-section (5),-- "Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu and Kashmir under subsection (1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General.";
    • (v) for sub-section (7), substitute-- "(7) The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre shall be such as may be provided by the rules".
    • (vi) omit sub-section (8). [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Jammu and Kashmir and Ladakh (UTs).-- Section 25A.--In sub-section (4), for "Joint Director", substitute "Director Prosecution". [Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).]

⁴ Ins. by Act 25 of 2005, s. 4 (w.e.f. 23 -6-2006).