Who prepares a panel of names of persons fit to be appointed as Public Prosecutors or Additional Public Prosecutors?

Solution

Explanation under BNSS, 2023 The appointment of Public Prosecutors is governed by Section 18 of the BNSS (which corresponds to Section 24 of the repealed CrPC, 1973). The Statutory Mandate (Section 18, BNSS) According to Section 18(4) of the BNSS: "The District Magistrate shall, in consultation with the Sessions Judge , prepare a panel of names of persons, who are, in his opinion, fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district." 2. Key Legal Requirements

• The "Panel" Constraint: Under Section 18(5), the State Government is strictly prohibited from appointing any person as a Public Prosecutor or Additional Public Prosecutor for a district unless their name specifically appears on the panel prepared by the District Magistrate.
• Exceptions (Cadre System): If a State has a "regular Cadre of Prosecuting Officers," the government must prioritize appointments from that cadre. However, if no suitable person is available in the cadre, the government falls back on the panel prepared by the District Magistrate under Section 18(4).
• Eligibility: A person is only eligible to be on this panel if they have been in practice as an advocate for not less than seven years .