Code of Criminal Procedure Act, 1973
25.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) 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 offence with respect to which the accused is being
prosecuted; or
(b) if he is below the rank of Inspector.