According to Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the minimum period of practice as an advocate, required to be considered eligible for appointment as a Public Prosecutor or Additional Public Prosecutor ?

All India Bar Examination (AIBE) 20 (XX) Previous Year Question Papers with Answers

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10.

According to Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the minimum period of practice as an advocate, required to be considered eligible for appointment as a Public Prosecutor or Additional Public Prosecutor ?

A: 3 years

B: 5 years

C: 7 years

D: 10 years

The answer is: C

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Explanation

C: 7 years

EXPLANATION AS PER BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023

Section 18(7) BNSS:

“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.”

KEY POINTS:

- This is the minimum eligibility criterion for appointment as Public Prosecutor (PP) or Additional Public Prosecutor (APP).

- The period of service as a prosecutor (PP, APP, or Assistant PP) is also counted as “practice as an advocate”.

- For Special Public Prosecutor, the requirement is higher - 10 years of practice [Section 18(8)].

PRO TIP FOR AIBE:

Section 18 BNSS is very important. Remember:

- 7 years → Public Prosecutor / Additional Public Prosecutor

- 10 years → Special Public Prosecutor

This provision is almost the same as the old Section 24(7) CrPC, which also required 7 years.