Section 24 Cattle Trespass Act, 1871

 

Section 24 Cattle Trespass Act, 1871: 

Public Prosecutors.

(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.

(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area.

(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unlesshis name appears in the panel of names prepared by the District Magistrate under sub- section (4).

(6) Notwithstanding anything contained in sub- section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub- section (4).

(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.

(9) For the purposes of sub- section (7) and sub- section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) 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.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 24 Cattle Trespass Act, 1871: 

Harpal Singh Chauhan And Ors. Etc vs State Of U.P on 15 June, 1993

K. Anbazhagan vs State Of Karnataka And Others on 15 April, 2015

Harpal Singh Chauhan And Others vs State Of U.P. on 16 June, 1993

Jayendra Saraswati Swamigal vs State Of Tamil Nadu on 22 July, 2008

Deepak Aggarwal vs Keshav Kaushik & Ors on 21 January, 2013

State Of U.P. And Anr vs Johri Mal on 21 April, 2004

K.J. John, Assistant Public vs State Of Kerala & Ors. Etc. Etc on 12 July, 1990

K. Anbazhagan vs State Of Karnataka And Others on 27 April, 2015

State Of U.P. & Ors vs Ajay Kumar Sharma & Anr on 13 November, 2013

State Of Punjab & Anr vs Brijeshwar Singh Chahal & Anr on 30 March, 2016

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