The State Government according to Section 20 (1) of the BNSS has the authority to establish:
A Directorate of Prosecution within the State, comprising a Director of Prosecution and an appropriate number of Deputy Directors of Prosecution as deemed necessary; and
A District Directorate of Prosecution in each District, consisting of a suitable number of Deputy Directors and Assistant Deputy Directors of Prosecution as deemed appropriate.

The eligibility criteria outlined in section 20(2) ensure that individuals possessing the necessary qualifications and experience are appointed as Directors, Deputy Directors, and Assistant Directors. Additionally, in contrast to section 25A of the CrPC, section 20 of the BNSS clearly defines the roles of the Director of Prosecution, Deputy Director of Prosecution, and Assistant Director of Prosecution, rather than leaving the determination of their roles and responsibilities solely to the discretion of the State Government.

Section 20(2)(a) of the BNSS has revised the eligibility requirements for these positions, stating that an individual is qualified for appointment as a Director of Prosecution or a Deputy Director of Prosecution if they have practiced as an advocate for at least fifteen years or if they are currently serving or have previously served as a Sessions Judge.

According to Section 20(2)(b) of the BNSS, an individual is qualified for appointment as an Assistant Director of Prosecution if they have practiced as an advocate for a minimum of seven years or have served as a first-class Magistrate.

The Directorate of Prosecution as per Section 20(3) BNSS will be led by the Director of Prosecution, who will operate under the administrative oversight of the Home Department in the State.

According to Section 20(4) of the BNSS, each Deputy Director of Prosecution and Assistant Director of Prosecution shall report to the Director of Prosecution, while every Assistant Director of Prosecution shall be accountable to the Deputy Director of Prosecution.

All Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors appointed by the State Government in accordance with subsections (1) or (8) of section 18 to handle cases in the High Court will be under the authority of the Director of Prosecution - Section 20(5) of the BNSS.

All Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors appointed by the State Government as per subsections (3) or (8) of section 18 of the BNSS for cases in District Courts, as well as every Assistant Public Prosecutor appointed under subsection (1) of section 19 of the BNSS, shall report to the Deputy Director of Prosecution or the Assistant Director of Prosecution - Section 20(6) of the BNSS.

The Director of Prosecution is responsible for overseeing cases involving offenses that carry penalties of ten years or more, as well as those punishable by life imprisonment or death. Their duties include expediting legal proceedings and providing insights on the initiation of appeals - Section 20(7) BNSS.

The Deputy Director of Prosecution is tasked with reviewing and analysing police reports while supervising cases involving offenses that carry penalties of seven years or more, but less than ten years, to ensure their swift resolution - Section 20(8) of the BNSS.

The Assistant Director of Prosecution's role is to oversee cases involving offenses that are punishable by less than seven years - Section 20(9) of the BNSS.

Section 20(10) of the BNSS: Regardless of the provisions set forth in subsections (7), (8), and (9), the Director, Deputy Director, or Assistant Director of Prosecution shall possess the authority to handle and oversee all matters pertaining to this Sanhita.

Section 20(11) of the BNSS: The additional powers and responsibilities of the Director of Prosecution, Deputy Directors of Prosecution, and Assistant Directors of Prosecution, along with the specific areas assigned to each Deputy Director or Assistant Director, shall be determined by the State Government through a notification.

Section 20 (12) of the BNSS: The regulations outlined in this section shall not be applicable to the Advocate General of the State when fulfilling the duties of a Public Prosecutor.

The primary objectives of the Directorate of Prosecution (DOP) include overseeing cases by reviewing police reports, accelerating legal proceedings, and offering advice on the submission of appeals when relevant.

The Directorate of Prosecution has several key responsibilities, including:

• Coordinating and monitoring the prosecution of criminal cases.
• Presenting evidence in court.
• Providing legal advice and assistance to investigative agencies and prosecutors.
• Ensuring adherence to legal and procedural standards during the investigation and prosecution of crimes.
• Identifying and addressing deficiencies in the crime investigation and prosecution processes.
• Developing and executing effective prosecution strategies.

Section 20 of the BNSS eliminates the need for the Chief Justice of the High Court's approval in appointing a Director of Prosecution or a Deputy Director of Prosecution. The concurrence of the Chief Justice of the High Court in the appointment of the Director of Prosecution and the Deputy Director of Prosecution was earlier mandatory according to Section 25A (2) of the Code of Criminal Procedure, 1973.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565