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Report No. 154

5. Independent Prosecution Agency: Insertion of new section 25A

A. Do you agree that the Public Prosecutor, Additional Public Prosecutor, Assistant Public Prosecutor, should be independent from the control of the Police in discharging their functions in the Courts. Do you suggest that in order to achieve the said objective, after section 25, the following new section should be inserted, as provided under section 4 of the Code of Criminal Procedure (Amendment) Bill, 1994 namely,

"25A.(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) 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) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.

(4) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government other than those appointed under sub-section (1) of section 24 shall be subordinate to the Director of Prosecution.

(5) 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.

(6) The provisions of this section shall not apply to the Advocate-General for the State while performing the functions of a Public Prosecution."

B. Do you also think it necessary that there should be another clause in section 25A providing for the appointment of Women Public Prosecutors and Assistant Public Prosecutors specifically for the conduct of cases involving women under 18 years of age and in respect of offences under sections 354, 376, 376A to 376E and 509 of the Indian Penal Court as recommended by the National Commission for Women?

C. Whether offence under section 376 be necessarily tried by a Court presided over by a woman as recommended by the National Commission for Women?

The Code of Criminal Procedure, 1973 Back

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