Report No. 154

4. Public Prosecutor: Explanation to be added to section 24(6)

Do you agree for insertion of the following Explanation after the proviso in sub-section 6 of section 24 of the Code of Criminal Procedure and such explanation shall be operative retrospectively w.e.f. 18th day of December, 1978 as laid down in S.B. Shahane v. State of Maharashtra, AIR 1995 SC 1628 and as mentioned under clause 3 of the Code of Criminal Procedure (Amendment) Bill, 1994 which reads as under:

"(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"?