Section 25 provides that the State Government shall appoint in every District one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. The central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.
No police officer is eligible to be appointed as Assistant Public Prosecutor. If there is no Assistant Public Prosecutor available, for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor, in charge of the case.