Public Prosecutors.
Explanation.—For the purposes of this sub-section,—
(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers
which includes therein the post of Public Prosecutor, by whatever name called, and
which provides for promotion of Assistant Public Prosecutors, by whatever name
called, to that post;
(b) “Prosecuting Officer” means a person, by whatever name called, appointed
to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional
Public Prosecutor or Assistant Public Prosecutor under this Sanhita.
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional
Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6),
only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes
of any case or class of cases, a person who has been in practice as an advocate for not less
than ten years as a Special Public Prosecutor:
Provided that the Court may permit the victim to engage an advocate of his choice to
assist the prosecution under this sub-section.
(9) For the purposes of sub-section (7) and sub-section (8), the period during which
a person has been in practice as an advocate, or has rendered (whether before or after the
commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public
Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name
called, shall be deemed to be the period during which such person has been in practice as
an advocate.
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