The Two Prosecutors under Section 15

Section 15 gives each of the Act's two courts its own prosecutor: a Special Public Prosecutor for every Special Court, and, since 2016, an Exclusive Special Public Prosecutor for every Exclusive Special Court. The names differ, the qualification and duties do not, and the pair simply mirrors the two-court design of Section 14. What matters in practice is the machinery Rule 4 builds around both offices: panels, three-year terms, biannual reviews, removal for poor conduct, and the victim's right to ask for an eminent senior advocate. This note compares the two offices and sets out that machinery.

The two prosecutors under Section 15

Figure 1: The two prosecutors under Section 15

1. The Two Offices

Section 15, as substituted in 2016

(1) For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. (2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting cases in that Court.

One qualification. Both offices are filled either by specifying an existing Public Prosecutor or by appointing an advocate of not less than seven years' practice, by Gazette notification.
Why two names. The 1989 Act had a single paragraph, now sub-section (1). The 2015 Amendment Act created Exclusive Special Courts and added sub-section (2) so that each dedicated court has a dedicated prosecutor.
The real difference. It is the court served, and therefore the docket: the Exclusive Special Public Prosecutor conducts only atrocity cases, while a Special Public Prosecutor's court also carries an ordinary sessions docket.

2. The Rule 4 Machinery

The panels. On the District Magistrate's recommendation, the State notifies a district panel of eminent senior advocates with at least seven years' practice (Rule 4(1)), and, with the Director of Prosecution, a panel of Public Prosecutors and Exclusive Special Public Prosecutors (Rule 4(1A)). Both panels remain in force for three years (Rule 4(1B)).
Performance review. The District Magistrate and the Director of Prosecution review the prosecutors' performance at least twice a year, in January and July, and report to the State (Rule 4(2)).
Removal. A prosecutor who has not conducted a case with due care and to the best of his ability may be de-notified, with reasons recorded in writing (Rule 4(3)).
Monthly case review. The District Magistrate and the district officer in charge of prosecution review the position of cases and the implementation of victims' and witnesses' rights, reporting monthly by the 20th to the Director of Prosecution and the State (Rule 4(4)).
The victim's choice. If the victim so desires, or where the case warrants it, the District Magistrate or Sub-Divisional Magistrate may engage an eminent senior advocate to conduct the case (Rule 4(5)).
Fees. Special Public Prosecutors are paid on a scale higher than other panel advocates (Rule 4(6)).

What either prosecutor must do

Figure 2: What either prosecutor must do

3. The Duties in Court

Conducting the trial. Leading the evidence of status, public view and the words used; confronting hostile witnesses; opposing bail with the material on threats and antecedents; pressing the day-to-day trial that Section 14(3) requires.
Serving the victim. Section 15A(3) makes the Special Public Prosecutor or the State responsible for informing the victim of every proceeding, including bail; Section 15A(8) lets the prosecutor apply for identity protection and other measures for victims and witnesses.
Relief supervision. The prosecutor places the relief position before the Special Court, which can order full or part payment where relief was late, short or partial (Rule 12(7)).
Accountability as policy. The biannual reviews, the monthly reports and the de-notification power answer the pattern the annual reports record: cases lost through slack prosecution rather than weak facts.

⚠ Key point

The seven-year advocate route and the eminent-senior-advocate option both bypass the ordinary prosecution cadre. The design lets the State, and through Rule 4(5) the victim, bring in senior trial counsel for a case the regular prosecutor cannot carry, on such fee as the District Magistrate considers appropriate; the higher scale of Rule 4(6) is for the Special Public Prosecutors themselves.

4. Quick Revision

s.15(1). Special Public Prosecutor for every Special Court: a Public Prosecutor specified, or a seven-year advocate appointed.
s.15(2). Exclusive Special Public Prosecutor for every Exclusive Special Court, added in 2016; same qualification.
Rule 4. Panels for three years; January and July reviews; de-notification with reasons; monthly reports by the 20th; the victim's eminent senior advocate; higher fees.
Duties. Conduct the case, notify and protect the victim, watch the relief.

5. Frequently Asked Questions

Do the two prosecutors have different powers or duties?

No. The qualification, appointment route and duties are identical; the difference is the court, and hence the docket, each serves.

Can a private advocate be appointed directly?

Yes. Either office can be filled by appointing an advocate with at least seven years' practice, without his being a cadre Public Prosecutor.

Can the victim ask for a particular counsel?

The victim may ask, and the District Magistrate or Sub-Divisional Magistrate may engage an eminent senior advocate under Rule 4(5).

How is a non-performing prosecutor removed?

By de-notification under Rule 4(3), for not conducting the case with due care, with reasons recorded in writing; the January and July reviews feed that decision.

6. Related Topics and Provisions

Topic 31: Section 15. The full note on Special Public Prosecutors.
Topic 60: Special Court vs Exclusive Special Court. The two courts these offices serve.
Topic 32: Section 15A. The victim rights the prosecutor enforces.
Sections 15, 15A(3), (8); Rule 4; Rule 12(7). The provisions discussed.