Bharatiya Nagarik Suraksha Sanhita, 2023 - Chapter II

Section 19 BNSS: Assistant Public Prosecutors

Section 19 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the appointment of Assistant Public Prosecutors for conducting prosecutions in Courts of Magistrates. It identifies the appointing authorities, permits a case-specific appointment when an Assistant Public Prosecutor is unavailable, and restricts when a police officer can be appointed.

Current legal status: The BNSS is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 19 BNSS

19. Assistant Public Prosecutors.—(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.

(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government:

Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—

(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

(b) is below the rank of Inspector.

Meaning and scope of Section 19

An Assistant Public Prosecutor under Section 19 is a prosecuting officer appointed for conducting prosecutions in the Courts of Magistrates. The provision creates the ordinary State-level appointment mechanism and also permits Central Government appointments for specified cases or classes of cases.

Section 19 is located in Chapter II of the BNSS, titled Constitution of Criminal Courts and Offices. It follows Section 18 on Public Prosecutors and precedes Section 20 on the Directorate of Prosecution.

Key point: The ordinary rule is appointment by the State Government in every district. A District Magistrate's power under sub-section (3) is a case-specific fallback that applies where no Assistant Public Prosecutor is available and requires fourteen days' notice to the State Government.

Who may appoint an Assistant Public Prosecutor?

Authority	Power under Section 19
State Government	Shall appoint one or more Assistant Public Prosecutors in every district for prosecutions in Courts of Magistrates.
Central Government	May appoint one or more Assistant Public Prosecutors for any case or class of cases in Courts of Magistrates.
District Magistrate	May appoint another person for a particular case when no Assistant Public Prosecutor is available, after giving fourteen days' notice to the State Government.

State Government appointment under Section 19(1)

Sub-section (1) uses the word shall. It therefore places a statutory duty on the State Government to appoint one or more Assistant Public Prosecutors in every district for conducting prosecutions before Magistrates.

Central Government appointment under Section 19(2)

Sub-section (2) permits the Central Government to appoint one or more Assistant Public Prosecutors to conduct a particular case or a class of cases in Courts of Magistrates.

Case-specific appointment under Section 19(3)

Where an Assistant Public Prosecutor is not available for a particular case, the District Magistrate may appoint another person to act as Assistant Public Prosecutor in charge of that case. The statutory condition is that fourteen days' notice must first be given to the State Government.

Restriction on appointment of police officers

The proviso to Section 19(3) prevents appointment of a police officer as Assistant Public Prosecutor where either of the statutory disqualifications applies. A police officer is not eligible if the officer participated in investigating the offence for which the accused is being prosecuted, or if the officer is below the rank of Inspector.

The provision separates the prosecutorial role from the investigation in the same offence and also imposes a minimum rank requirement where a police officer is otherwise considered for such appointment.

Official legal sources

For authoritative reference, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the Ministry of Home Affairs - New Criminal Laws, and the commencement notification dated 23 February 2024.

Page reviewed for statutory text and commencement information on 10 September 2026. Always check the latest official notification, amendment, or judicial decision when applying the provision to a specific case.