Section 20 BNSS : Directorate of Prosecution

Introduction of Section 20 BNSS

Section 20 BNSS allows every State Government to create a well-structured legal body to manage criminal cases. This body is called the Directorate of Prosecution. It ensures that serious cases are handled properly, monitored, and guided by experienced legal officers. It helps speed up trials and maintain legal order through proper supervision.

What is BNSS Section 20 ?

BNSS Section 20 talks about how the State Government can create a legal department called the Directorate of Prosecution. This department supervises how criminal cases are handled by public prosecutors. It also defines the powers, roles, and responsibilities of the Director, Deputy Directors, and Assistant Directors of Prosecution.

BNSS Section of 20 in Simple Points

1. Formation of Directorate of Prosecution

The State Government can create a special department called the Directorate of Prosecution. It may include a Director of Prosecution and several Deputy and Assistant Directors. These officials are appointed at both the State and District levels. Their main role is to manage how criminal cases are prosecuted in court. This structure improves the quality of criminal trials. It also ensures faster decisions in serious matters. The Director is the head of this setup. All other officers work under the Director’s guidance.

2. Qualifications for Appointment

To be appointed as a Director or Deputy Director of Prosecution, a person must have 15 years of experience as an advocate or be a former Sessions Judge. For an Assistant Director, the requirement is 7 years of practice or having served as a First Class Magistrate. These qualifications ensure that only experienced legal professionals handle prosecution. It helps maintain quality in legal proceedings. The rules aim to ensure justice is done properly. Only legally skilled people are chosen for these roles. The law maintains high standards for appointments.

3. Reporting and Control System

The Director of Prosecution works under the control of the Home Department of the State Government. All Deputy Directors report to the Director. In turn, Assistant Directors report to the Deputy Directors. This chain of command keeps the work organized. It helps monitor how cases are progressing. Every officer knows their duties clearly. This structure avoids confusion and delays. It ensures every level of prosecution is supervised properly.

4. Types of Cases They Handle

The Director of Prosecution handles serious cases with punishments of 10 years or more, or life imprisonment, or death. The Deputy Directors look after cases with punishments from 7 to 10 years. The Assistant Directors manage cases with punishment below 7 years. This system allows better focus on different types of cases. It divides the workload effectively. Each officer handles cases as per their level. This helps courts work faster and more efficiently.

5. Power to Supervise All Proceedings

Even though specific officers manage different types of cases, every officer in the Directorate can be given authority over any case if needed. The State Government can assign powers and decide work areas for each officer. This flexibility helps when case loads change or new cases arise. The law ensures there’s always someone responsible for every case. This makes the prosecution system strong. It gives the government full control over prosecution activities.

Section 20 of BNSS Overview

BNSS Section 20 explains how the State Government can set up a Directorate of Prosecution to manage and supervise criminal prosecutions in courts. It defines who can be appointed as Directors and their assistants, what their powers are, and how they are to work in different districts under the law.

BNSS Section 20 : 10 Key Points.

1. Establishment of Directorate of Prosecution

BNSS Section 20 allows the State Government to create a Directorate of Prosecution at the State level. This includes appointing a Director of Prosecution and any number of Deputy Directors. In every district, a District Directorate can also be formed with Deputy and Assistant Directors. These officials handle the legal process of criminal cases. Their main role is to ensure fair and timely prosecution in courts. This setup gives structure and control to the prosecution system. It ensures every district has officers to manage criminal cases efficiently. This strengthens the legal system by providing better supervision and coordination.

2. Qualifications for Appointment

To maintain quality, the law sets clear experience rules. A Director or Deputy Director must have 15 years of experience as an advocate or should have worked as a Sessions Judge. For an Assistant Director, 7 years of advocacy or experience as a First-Class Magistrate is required. These criteria ensure that only knowledgeable and experienced individuals hold these important roles. This helps in better decision-making during prosecution. It also ensures fair treatment of cases in court. Appointing qualified officers increases public trust in the legal system. It reduces errors in handling legal matters.

3. Role of Director of Prosecution

The Director of Prosecution is the head of the entire prosecution department in the state. He works under the Home Department of the State Government. His main duty is to supervise major criminal cases, especially those with punishment of 10 years or more, life imprisonment, or death. He ensures that such cases are prosecuted properly and quickly. The Director also gives opinions on filing appeals. His guidance ensures fair handling of serious cases. He sets the tone for how prosecutors work in the entire state. His leadership is key to an effective justice system.

4. Supervision Chain

The law creates a clear hierarchy for better coordination. The Deputy Directors and Assistant Directors report to the Director of Prosecution. All Public Prosecutors and Assistant Public Prosecutors also fall under this structure. This helps avoid confusion and keeps responsibilities organized. It ensures that every officer knows their duties. A proper chain of command speeds up decision-making. It brings accountability at each level. A strong supervisory structure improves case quality and faster justice.

5. Deputy Director’s Role

The Deputy Director of Prosecution handles criminal cases where punishment is between 7 and 10 years. His job is to examine police reports and monitor such cases. He ensures they are properly investigated and timely prosecuted. This helps reduce unnecessary delays in court. He also assists prosecutors in legal advice. His work is important for mid-level criminal matters. By overseeing these cases, he ensures smoother court functioning. He bridges the gap between senior and lower-level prosecutors.

6. Assistant Director’s Role

The Assistant Director of Prosecution supervises cases that have punishment of less than 7 years. He monitors how such cases are progressing in Magistrate courts. His role is to support Assistant Public Prosecutors with guidance and planning. He also helps in reviewing case progress and deciding appeal matters. These cases may seem minor but are important for law and order. The Assistant Director ensures that petty offences are also taken seriously. His guidance keeps lower courts functioning smoothly. His role helps reduce case backlogs at the grassroots level.

7. Power to Handle All Cases

Although powers are divided, any of the three officials – Director, Deputy Director, or Assistant Director – can handle any type of case when needed. This allows flexibility in emergencies or sensitive matters. It ensures that no case suffers due to absence of a specific officer. The law provides this power to maintain continuity and smooth functioning. This flexibility helps in faster and proper action in urgent situations. It allows senior officers to support their juniors if needed. The system becomes more responsive and strong. It avoids delays in delivering justice.

8. Supervision of Public Prosecutors

All Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors appointed under BNSS Section 18 are part of this supervision. Those who handle cases in High Courts are under the Director. Those in District Courts are supervised by the Deputy or Assistant Directors. This system brings uniformity in how cases are handled. It avoids conflicts and ensures better cooperation among officers. It allows for smooth flow of information and legal strategy. Such coordination increases chances of conviction. It helps in improving the performance of government lawyers.

9. State Government’s Notification Power

The State Government can issue special notifications to give more powers or change responsibilities of prosecution officers. It can also define which officer is responsible for which area. This gives flexibility to assign more officers to districts with heavy caseloads. It also helps in transferring officers when needed. The Government can adjust duties based on crime trends. This power ensures that the prosecution system remains efficient. It keeps the legal process responsive to the needs of the people. It helps maintain a balanced workload among officers.

10. Exception for Advocate General

The Advocate General of the State, even though he may act as a Public Prosecutor, is not covered under this section. He holds a constitutional position and works independently. This clause ensures that his authority is not interfered with. It respects the legal status of the Advocate General. He is free from administrative control by the Directorate. This separation maintains impartiality and dignity of his office. The Advocate General plays a special advisory role in the State. Keeping him outside this structure ensures legal fairness and independence.

Examples of BNSS Section 20

Example 1:

The State Government of Maharashtra establishes a Directorate of Prosecution with a Director of Prosecution, 3 Deputy Directors, and 5 Assistant Directors. Each one monitors different criminal cases in districts. A case involving attempted murder (punishable with life imprisonment) is assigned to the Director of Prosecution for close monitoring and opinion on whether to appeal. This ensures high-level supervision in serious criminal cases.

Example 2:

In a district of Uttar Pradesh, the Assistant Director of Prosecution is supervising a theft case punishable with less than 7 years of imprisonment. He coordinates with the Assistant Public Prosecutor to ensure the case moves quickly. Meanwhile, the Deputy Director of Prosecution is tracking a fraud case involving punishment of more than 7 years, checking all reports and guiding how the case should proceed in court.

Section 20 of BNSS Short Information

BNSS Section 19 FAQs

BNSS 20

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