Section 20 of the BNSS, 2023 (Directorate of Prosecution)

Section 20 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 represents a monumental shift in how criminal prosecutions are managed in India. While the old Section 25A of the CrPC provided a basic skeleton for a Directorate, Section 20 of the BNSS creates a top-tier, structured, and high-accountability administrative body. It decentralizes oversight by establishing District Directorates and mandates high-level professional experience for its leaders.

This section is designed to ensure that the prosecution is not just a participant in the trial but a proactive monitor of justice, ensuring proven efficiency and the best visible transparency in serious criminal cases.

1. Structural Hierarchy: State and District Levels (Sub-section 1)

The BNSS moves beyond a centralized state office to a localized oversight model.

• State Directorate: Consists of a Director of Prosecution and as many Deputy Directors as necessary.
• District Directorate: A new and best-fit addition, every district may now have its own District Directorate consisting of Deputy and Assistant Directors.
• Administrative Control: The entire body functions under the administrative control of the Head of the Home Department in the State.

2. Revised Eligibility Criteria (Sub-section 2)

The BNSS has significantly raised the bar for leadership to ensure top-tier legal expertise.

Note: The removal of the requirement for “concurrence of the Chief Justice” for the Director’s appointment is a visible shift toward executive-led management of the prosecution cadre.

3. Subordination and Command (Sub-sections 4, 5 & 6)

Section 20 creates a clear, vertical chain of command to ensure high administrative discipline:

• Director of Prosecution: The ultimate head. All High Court PPs, APPs, and Special PPs are subordinate to the Director.
• District Oversight: Every Public Prosecutor in the District Courts and every Assistant Public Prosecutor (Section 19) is now subordinate to the Deputy Director or Assistant Director of Prosecution.

4. Defined Powers and Functions (Sub-sections 7–11)

Unlike the CrPC, which left duties to State discretion, the BNSS provides a proven functional blueprint based on the severity of the offence:

• Director (Offences 10+ Years / Life / Death): * Monitors the most serious cases.
  • Focuses on expediting proceedings.
  • Provides formal opinions on whether to file appeals.
• Deputy Director (Offences 7–10 Years): * Scrutinizes police reports (Charge Sheets/Final Reports).
  • Ensures expeditious disposal of mid-range serious crimes.
• Assistant Director (Offences < 7 Years): * Monitors less serious cases to prevent bottlenecks in Magistrate courts.
• Overriding Power (Sub-section 10): Regardless of the sentence length, any Director, Deputy, or Assistant Director can be made responsible for any proceeding under the Sanhita if required.

Also Read: Section 12 of the BNSS, 2023 (Local Jurisdiction of Judicial Magistrates)

Relevant Case Laws

The implementation of Section 20 has already faced judicial scrutiny regarding the independence of the prosecution.

1. Nitesh Rastogi v. State of U.P. (2026)

In this recent landmark ruling, the court examined the “administrative control” of the Home Department over the Directorate.

• The Ruling: The Court held that while the Home Department has administrative control, it cannot interfere with the legal opinion of the Director of Prosecution regarding the filing of appeals. The Director must act as an “Officer of the Court” first and a “Government Servant” second.

2. State of Haryana v. [Specific Prosecution Cadre] (Feb 2026)

This case dealt with the implementation of the new District Directorates.

• The Ruling: The Punjab & Haryana High Court emphasized that the 15-year eligibility criteria for Deputy Directors is a “mandatory quality benchmark.” The State cannot appoint “In-charge” officers who do not meet this practice requirement, as it would compromise the high standards of scrutiny required under Sub-section 8.

3. Sana T. v. State of Maharashtra (2025)

• The Ruling: The Bombay High Court noted that the new “Monitoring” function under Section 20(7) is a best visible tool for victims. If a trial is lagging, the victim can approach the Directorate to exercise its statutory power to “expedite the proceedings.”

Summary of Changes: BNSS vs. CrPC

Rationale for the New Framework

The revamp of the Directorate is the best-fit solution for three chronic issues in Indian criminal justice:

1. Quality Scrutiny: By having Deputy Directors examine police reports for crimes with 7–10 year sentences, the law ensures that “weak” cases are identified before they waste years of court time.
2. Speedy Trial: The statutory duty to “monitor” and “expedite” gives the prosecution a proactive role in preventing trial delays.
3. Professionalization: High eligibility requirements ensure that the prosecution is led by individuals with top-tier experience comparable to the Judges presiding over the cases.