Section 18 of BNSS : Public Prosecutors.

---

Introduction of Section 18 of BNSS

BNSS Section 18 talks about the appointment and roles of Public Prosecutors in India. Public Prosecutors are legal officers who represent the State or Central Government in criminal cases. They play a very important role in the criminal justice system by presenting evidence and arguments in court. This section also defines who can be appointed, the required experience, and how the appointments are made. It ensures that only qualified and experienced advocates handle criminal cases on behalf of the government.

---

---

What is BNSS Section 18 ?

BNSS Section 18 talks about how Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors are appointed by the Central or State Government. It also describes who is eligible, how panels are made, and what qualifications are required. This section ensures that only experienced and qualified lawyers handle government criminal cases.

---

---

BNSS Section of 18 in Simple Points

1. Appointment of Public Prosecutors

The Central or State Government must appoint Public Prosecutors for every High Court and district. They can also appoint Additional Public Prosecutors if needed. These appointments are done after consulting with the High Court or Sessions Judge, depending on the court level. In Delhi, only the Central Government is responsible for appointing Public Prosecutors. These officers represent the government in criminal cases. Their main job is to present facts, evidence, and arguments before the court on behalf of the State. Public Prosecutors are very important because they help ensure that justice is delivered. They play a key role in maintaining law and order through the legal process.

2. Experience Required for Appointment

To be appointed as a Public Prosecutor or Additional Public Prosecutor, a person must be a practicing advocate with at least 7 years of experience. For Special Public Prosecutors, the required experience is 10 years. This ensures that only qualified and experienced professionals handle serious legal matters. Even those who worked earlier as prosecutors or held similar posts are considered eligible. Their years of service are counted as legal experience. The rule makes sure that the person understands court procedures well. An experienced advocate can represent the State more effectively. This protects the interest of justice and improves the quality of prosecution.

3. Selection from a District Panel

For each district, the District Magistrate, in consultation with the Sessions Judge, prepares a panel of names who are suitable to be Public Prosecutors. Only the names on this panel can be considered for appointment by the State Government. This process brings transparency and reduces political or biased appointments. It ensures that only honest, competent, and trustworthy advocates are selected. It also helps local authorities in finding deserving candidates. This method keeps the appointment system fair. It allows only capable and experienced lawyers to become Public Prosecutors. This keeps the justice system clean and efficient.

4. Promotion from Regular Prosecutors Cadre

If the State has a regular cadre of Prosecuting Officers, such as Assistant Public Prosecutors, then appointments to Public Prosecutor or Additional Public Prosecutor must be made from within this cadre. The only exception is when no suitable person is available in the cadre. In such a case, the State can select from the panel created by the District Magistrate. This system gives promotion opportunities to those already working as government prosecutors. It creates a career path and motivation for junior officers. The officers in the cadre gain experience over time and become better prosecutors. Promoting from within builds a stronger legal team for the government.

5. Victim’s Right to Hire a Lawyer

In some cases, especially serious or sensitive ones, the Court may allow the victim to appoint a private advocate. This advocate can assist the Public Prosecutor during the trial. This gives the victim a voice in the courtroom and strengthens their right to justice. It is especially helpful in cases like domestic violence, sexual assault, or murder, where the victim may need extra support. The private lawyer works under court rules and does not replace the Public Prosecutor. This ensures both government and victim sides are properly represented. It makes the process fairer and more balanced for everyone involved.

---

Section 18 of BNSS Overview

BNSS Section 18 is about the appointment, eligibility, roles, and responsibilities of:

• Public Prosecutors,
• Additional Public Prosecutors, and
• Special Public Prosecutors.

This section ensures that criminal cases are fairly presented in court and justice is delivered by competent legal officers. It also protects the rights of victims by allowing them to engage their own advocate, with court permission.

10 Key Points of BNSS Section 18

1. Appointment in High Courts

The Central or State Government will appoint a Public Prosecutor and Additional Public Prosecutors for every High Court. This appointment is done only after consulting the concerned High Court. The aim is to make sure that experienced lawyers represent the government in court. For Delhi, this power is with the Central Government. These prosecutors will handle criminal cases, appeals, and other legal proceedings. They act on behalf of the government. Their job is to ensure justice is served. This makes court proceedings fair and lawful.

2. Public Prosecutors in Districts

For every district, the State Government must appoint a Public Prosecutor. It may also appoint Additional Public Prosecutors. One person can be appointed for more than one district if needed. This gives flexibility to cover areas where there may be fewer lawyers. Public Prosecutors in districts play an important role in criminal trials. They present evidence and ensure that the accused is prosecuted fairly. Their duty is to represent public interest. This section ensures availability of prosecutors at local level.

3. Preparation of Prosecutor Panel

Before appointing a Public Prosecutor, the District Magistrate must prepare a list of eligible lawyers. This panel is prepared with the help of the Sessions Judge. Only those whose names are on this panel can be appointed as prosecutors. This rule ensures a fair and transparent selection. It avoids favoritism and political influence. The aim is to choose only qualified and suitable candidates. This process maintains the integrity of prosecution. It ensures justice is not compromised.

4. Eligibility for Public Prosecutors

To be appointed as a Public Prosecutor or Additional Public Prosecutor, a person must have at least 7 years of experience as an advocate. This ensures that only experienced legal professionals handle criminal cases. Their experience helps in better handling of complex matters. This minimum requirement builds trust in the justice system. It avoids appointing new or inexperienced lawyers. The law expects prosecutors to be knowledgeable and skilled. This is important for fair trials.

5. Special Public Prosecutors

For specific cases, the government can appoint Special Public Prosecutors. These lawyers must have at least 10 years of experience as an advocate. They are selected when the case is of national importance or involves serious crimes. The court may also allow the victim to appoint a private lawyer to assist. This gives the victim a voice in prosecution. It balances the rights of victims and accused. This provision ensures high-level legal handling for important cases.

6. Role of Regular Cadre

If a state has a Regular Cadre of Prosecuting Officers, appointments must be made from within that cadre. This cadre includes Assistant Public Prosecutors and others eligible for promotion. If no suitable candidate is found, only then can the government pick someone from the panel. This supports career growth of existing officers. It also ensures internal promotion. This strengthens the government legal service. It avoids hiring outsiders when qualified people are available inside.

7. Victim’s Right to Engage Advocate

In cases where a Special Public Prosecutor is appointed, the court can allow the victim to hire a private advocate. This advocate can assist the government prosecutor. It gives the victim a role in the case. This is especially useful when the victim wants active participation. It also makes the trial more balanced. Victims feel heard and represented. This provision respects victim’s rights. It promotes fairness in sensitive or serious cases.

8. Counting Past Experience

Even if a person was earlier working as a Public Prosecutor, Assistant Prosecutor, or in any similar post, that period is treated as “advocate experience.” This means even if they were not in private practice, their government service will count. It helps in meeting the 7 or 10-year requirement. This gives equal weight to government experience. It avoids unfair exclusion of experienced prosecutors. The aim is to value all relevant legal work. This widens the pool of qualified candidates.

9. Definition of Prosecuting Officer

BNSS Section 18 clearly defines terms like “Prosecuting Officer” and “Regular Cadre.” A Prosecuting Officer includes anyone appointed to act as a Public Prosecutor, Assistant, Special, or Additional Prosecutor. The Regular Cadre means a system where officers can be promoted internally to higher posts. These definitions ensure clarity in appointments. It avoids confusion in roles. Legal terms are made clear in law. This helps smooth functioning of courts.

10. Government Flexibility in Appointment

Both Central and State Governments have the flexibility to appoint prosecutors as per local needs. They can appoint prosecutors in districts, High Courts, or for specific cases. This section gives clear rules and procedures. At the same time, it gives government room to act in special situations. The goal is to ensure justice without delay. Proper representation is crucial in criminal trials. Prosecutors act on behalf of society. Their appointment must be efficient and fair.

Examples of BNSS Section 18

Example 1:

Ravi, an advocate with 8 years of practice, is appointed by the State Government as a Public Prosecutor for a district court after his name is selected from the panel prepared by the District Magistrate and Sessions Judge.

Why this applies?
He fulfills the required experience and was selected through the proper panel system under BNSS Section 18.

Example 2:

In a sensitive rape case, the Court allows the victim to hire her own private lawyer to assist the government’s Public Prosecutor during the trial.

Why this applies?
BNSS Section 18(8) allows the Court to permit victims to engage their own advocate for support in serious cases.

---

Section 18 of BNSS Short Information

BNSS 18	Details
Section Name	BNSS Section 18 – Public Prosecutors
Main Purpose	Appointment and duties of Public Prosecutors for State and Central Governments
Eligibility Criteria	At least 7 years as an advocate (10 years for Special Public Prosecutor)
Appointment Authority	Central/State Government (with consultation from High Court or Sessions Judge)
Panel of Names	Prepared by District Magistrate in consultation with Sessions Judge
Cadre-Based Appointments	Must choose from regular cadre unless no suitable person is available
Role in Court	Represent government in criminal cases and present evidence
Victim’s Advocate	Court can allow the victim to hire a private lawyer to assist prosecution

---

BNSS Section 18 FAQs

BNSS 18

---

If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.

---