The police officer of the rank of inspector or above may be appointed as Assistant Public Prosecutor in any case provided that he has not himself been the investigating officer in the offense.
As per Section 24 of the Code of Criminal Procedure, Assistant public prosecutor should also be a practicing advocate but on the other hand, Section 25 of The Criminal Procedure Code 1973 does not provide so and therefore under certain circumstances even a police officer can be appointed as Assistant public prosecutor under Section 25.
Assistant Public Prosecutors -
According to Section 25 of the Code of Criminal Procedure -
(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
(3) 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:
Provided that a police officer shall not be so appointed -
(a) if he has taken any part in the investigation into the offense with respect to which the accused is being prosecuted; or
(b) if he is below the rank of Inspector.
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