Section 32 of The Protection of Children from Sexual Offences Act, 2012
- (1)The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act.
- (2)A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1) only if he had been in practice for not less than seven years as an advocate.
- (3)Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and provision of that Code shall have effect accordingly.
Summary
- The State Government must appoint a Special Public Prosecutor for every Special Court to conduct cases under this Act.
- This appointment must be officially published by notification in the Official Gazette.
- A person is only eligible for this appointment if they have practiced as an advocate for at least seven years.
- The appointed prosecutor is restricted to conducting cases only under the provisions of this Act.
- Every appointed Special Public Prosecutor is officially deemed to be a Public Prosecutor under the Code of Criminal Procedure, 1973.
Practical examples
FAQ
1. Who has the authority to appoint a Special Public Prosecutor?
The State Government has the authority to appoint them.
2. Where must the appointment of a Special Public Prosecutor be published?
It must be published by a notification in the Official Gazette of the state.
3. What is the minimum experience required to be appointed as a Special Public Prosecutor?
A person must have been in practice as an advocate for not less than seven years.
4. Can a Special Public Prosecutor handle regular theft or fraud cases in the same court?
No, they are appointed for conducting cases only under the provisions of this Act.
5. Under what specific section of the Code of Criminal Procedure, 1973 is the Special Public Prosecutor deemed to be a Public Prosecutor?
They are deemed to be a Public Prosecutor under clause (u) of section 2 of the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 32 of The Protection of Children from Sexual Offences Act, 2012, which authority is responsible for appointing a Special Public Prosecutor?
Q2.Under Section 32 of The Protection of Children from Sexual Offences Act, 2012, what is the minimum number of years of practice as an advocate required for a person to be eligible for appointment?
Q3.Under Section 32 of The Protection of Children from Sexual Offences Act, 2012, a Special Public Prosecutor appointed under this section is deemed to be a Public Prosecutor within the meaning of which specific clause of the Code of Criminal Procedure, 1973?
Q4.Under Section 32 of The Protection of Children from Sexual Offences Act, 2012, read in conjunction with Section 31 of the same Act, what is the legal status and scope of a Special Public Prosecutor conducting a trial?