(1) The State Government shall appoint in every district one or
more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
3[(1A) 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.]
(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.
3. Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978).
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