How to become an Assistant Public Prosecutor (APP) is a common question among law graduates drawn to criminal law. An APP is the government lawyer who conducts criminal cases for the State in Magistrate courts. This guide is for law graduates and practising advocates. It covers the role, eligibility, steps, pay and career path for Delhi, based on the UPSC notification. Check the official text before applying.
What Does an Assistant Public Prosecutor Do?
An APP represents the State, not the victim or the accused, and must present the case fairly. In Delhi, under the Directorate of Prosecution, an APP:
- Conducts cases before Metropolitan Magistrates
- Advises the police on criminal matters
- Reviews charge sheets (the police’s final investigation report)
- Argues bail and examines witnesses
- Maintains records of pending cases
Legal Basis of the Role
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973, sets the framework:
- Section 18: appointment of Public Prosecutors for higher courts
- Section 19: Assistant Public Prosecutors in districts for Magistrate courts
- Section 20: the Directorate of Prosecution
- Section 360: withdrawal from prosecution, only with the court’s consent
Prosecutors apply the Bharatiya Nyaya Sanhita, 2023 (BNS) for offences and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for evidence. The Advocates Act, 1961 governs enrolment as an advocate.
Assistant Public Prosecutor Eligibility
Since appointments are made by each State, eligibility is set by that State’s recruitment rules.
| Condition | Usually the same | Varies by state |
|---|---|---|
| Education | Degree in law from a recognised university | Whether enrolment as an advocate is required |
| Citizenship | Indian citizen | None |
| Experience | None fixed nationwide | Some states accept fresh graduates, others ask for years of Bar practice |
| Age limit | Upper limit applies | Exact limit and relaxations for reserved categories |
| Recruiting body | State Public Service Commission or a state selection body | Which body conducts the exam |
How to Become an Assistant Public Prosecutor: Step by Step
LLB → Bar Enrolment → Practice (if required) → State Notification → Apply → Exam / Interview → Appointment
- Complete your law degree. Finish a 3-year LLB or 5-year integrated law course from a recognised institution.
- Enrol with a State Bar Council. Registration under the Advocates Act, 1961 is needed where the notification requires it. Advocates also clear the All India Bar Examination to obtain a Certificate of Practice.
- Gain court experience. Criminal court practice builds procedure and witness-handling skills, and some states make it mandatory.
- Track state notifications. Watch your State Public Service Commission or home department website.
- Apply online. Submit the form, fee and documents before the deadline.
- Prepare for selection. Study the BNSS, BNS, BSA, special criminal laws and constitutional basics.
- Complete verification and probation. After appointment, a probation period usually follows.
Selection Process
Many states hold a preliminary exam, a mains exam and an interview. Some rely only on a written test and interview, and a few shortlist mainly through an interview. The syllabus is usually criminal law, procedure, evidence and constitutional law, so read the notification for the exact scheme.
Salary and Benefits
Pay follows the state’s pay scale, so figures vary. APPs generally receive basic pay along with Dearness Allowance, House Rent Allowance, Travel Allowance and other benefits. Regular posts are permanent after probation, while some states engage APPs on contract, so read each advertisement carefully.
Should One Become an Assistant Public Prosecutor?
The role suits a particular kind of lawyer, so weigh the trade-offs honestly.
| Advantages | Trade-offs |
|---|---|
| Permanent government post in regular recruitment | Heavy caseloads |
| Daily courtroom exposure | Limited or no private practice while in service |
| Fixed pay with allowances | Major case decisions rest with senior officers |
| Serves the public interest | Fewer openings than private practice |
| Defined promotion structure | Some states require years of prior practice |
Choose this path if you enjoy criminal law, want job security and are comfortable working within a government hierarchy. Consider alternatives if you want independence, variable earnings or a mixed civil practice. If you want to decide cases yourself, look at the judicial services.
Career Path
Assistant Public Prosecutor
↓
Senior / Additional Public Prosecutor
↓
Public Prosecutor or Special Public Prosecutor roles
↓
Senior roles in the Directorate of Prosecution
Frequently Asked Questions
In some states yes, in others no, depending on the experience rule in the notification.
No. A judge decides the case, while an APP argues for the State.
Generally not, since it is a full-time government post.
The APP represents the State. The BNSS lets a victim engage their own advocate to assist the prosecution, with the court’s permission.
A Public Prosecutor generally handles higher court matters, while an APP works in Magistrate courts.
Also Read:
Delhi APP Vacancy 2026: 140 Posts, Last Date, Eligibility & How to Apply
