Functions, Duties and Powers of the Prosecution (ss.18–20 BNSS) — BNSS (Criminal Law II) Notes

Functions, Duties and Powers of the Prosecution (ss.18–20 BNSS)

In a criminal trial the prosecutor is not the accused’s enemy but a minister of justice. He represents the State, yet his duty is to place the whole truth before the court — even facts that help the defence. That double role — advocate for the State, servant of justice — is what these three sections build.

Investigation is the police’s job; presenting the case in court is the prosecutor’s. The BNSS keeps the CrPC scheme.

Public Prosecutor and Additional PP (s.18 [s.24 CrPC]). For every High Court the Central or State Government appoints a Public Prosecutor (and Additional PPs) to conduct prosecutions, appeals and other proceedings on the State’s behalf. For a district, the State appoints a District PP and Additional PPs, usually from a panel prepared with the District Magistrate and Sessions Judge; a person is eligible after seven years’ practice as an advocate.
Assistant Public Prosecutors (s.19 [s.25 CrPC]). Appointed for the Magistrates’ courts; a police officer may not act as an APP in a case investigated by him.
Directorate of Prosecution (s.20 [s.25A CrPC]). A State may establish a Directorate headed by a Director of Prosecution (with Deputy and Assistant Directors) to supervise and give directions to Public Prosecutors — the administrative spine that keeps prosecution independent of the investigating police.

Duties of a Public Prosecutor. To act fairly and impartially, to disclose all material (including that favouring the accused), not to suppress evidence, to assist the court in reaching the truth, and to seek justice rather than merely a conviction. He must obtain the court’s consent to withdraw a prosecution (s.360 BNSS [s.321 CrPC]).

🧩 WORKED EXAMPLE — the prosecutor’s fairness duty

Facts. During trial the PP discovers a witness statement that helps the accused.

Rule. A Public Prosecutor is a minister of justice, bound to place all material before the court.

Apply. He must disclose the statement, not bury it, even though it weakens the State’s case.

Conclusion. Suppressing it would be professional misconduct and could vitiate the trial.

Section 18(7) BNSS: “A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor… only if he has been in practice as an advocate for not less than seven years.”

In Simple Terms: Only a reasonably experienced advocate (seven years at the Bar) may be appointed a Public Prosecutor.

flowchart TD
    ROOT["Prosecution machinery (ss.18-20)"]:::root
    ROOT --> A["Public Prosecutor s.18<br/>High Court & Sessions"]:::leaf
    ROOT --> B["Assistant PP s.19<br/>Magistrates' courts"]:::leaf
    ROOT --> C["Directorate of Prosecution s.20<br/>Director supervises PPs"]:::leaf
    A --> D["Duty: fairness, full disclosure,<br/>seek justice not conviction"]:::leaf
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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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Case Laws

Shiv Kumar v. Hukam Chand (1999) — the Public Prosecutor is an officer of the court whose duty is fairness, not to secure a conviction at any cost.
Sheonandan Paswan v. State of Bihar (1987) — the court’s consent to withdraw a prosecution must be a judicial, not a mechanical, act.

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