Public Prosecutor vs. Assistant Prosecution Officer (APO): Role, Salary & Career Comparison
In India’s criminal justice system, Public Prosecutors (PP) and Assistant Prosecution Officers (APO) play pivotal roles in representing the State during criminal trials. Although their ultimate objective is the same—to uphold justice and prosecute offenders—their powers, court jurisdictions, qualifications, salaries, and career paths differ significantly.
Can an APO become a judge?
Is Assistant Public Prosecutor a gazetted officer?
Who can appoint Assistant Public Prosecutors?
What is the role of APO under the BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023?
Who is a Public Prosecutor (PP)?
A Public Prosecutor is a senior legal officer appointed by the State Government to conduct prosecutions in Sessions Courts and higher courts, such as High Courts and the Supreme Court. Their primary responsibility is to assist the court in ensuring justice—not merely to secure a conviction.
- Appointed by the State Government in consultation with the High Court
- Must have at least 7 years of experience as an advocate
- Appears in Sessions Court, High Court, and Supreme Court
- Can be assisted by Additional or Assistant Public Prosecutors
- Handles serious criminal cases like murder, rape, dacoity, terrorism
Who is an Assistant Prosecution Officer (APO)?
An Assistant Prosecution Officer is a government legal officer who represents the State primarily in Magistrate-level courts. It is often considered an entry-level position in the prosecution service.
- Appointed through State Public Service Commission exams (e.g., UPPSC APO, BPSC APO)
- Minimum qualification: Bachelor of Laws (LLB)
- Appears in Judicial Magistrate First and Second Class Courts
- Handles everyday criminal trials, including theft, assault, domestic violence
- Works under the District Prosecution Officer (DPO) or senior prosecutors
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Comparison Table: Public Prosecutor vs. APO
|
Criteria |
Assistant Prosecution Officer (APO) |
Public Prosecutor (PP) |
|---|---|---|
|
Court Level |
Magistrate Courts |
Sessions Court, High Court, Supreme Court |
|
Recruitment |
Through State PSC (e.g., UPPSC, BPSC) |
Appointed by State Govt under CrPC Section 24 |
|
Qualification |
LLB |
LLB + 7 years of legal practice |
|
Experience Requirement |
Not mandatory |
Minimum 7 years |
|
Nature of Work |
Routine criminal trials |
Serious and complex criminal trials |
|
Reporting/Supervision |
Reports to DPO or Senior Prosecutor |
Works independently or oversees junior PPs |
|
Promotion Path |
APO → ADPO → DPO → PP |
PP → Sr. PP → AAG → Advocate General |
|
Case Type |
Theft, assault, traffic violations |
Murder, rape, organized crime, appeals |
Salary and Gazetted Rank
|
Position |
Approx. Salary (7th CPC) |
Gazetted Status |
|---|---|---|
|
Assistant Prosecution Officer |
₹56,100 – ₹1,77,500 (Level 10) |
Yes, Group B Gazetted Officer |
|
Public Prosecutor |
₹67,700 – ₹2,08,700 (Level 11/12) |
Yes, Group A or Senior B Officer |
Q. Is Assistant Public Prosecutor a Gazetted Officer?
A. Yes, APOs are Group B Gazetted Officers in most states.
Can APO Become a Judge?
Absolutely. Many APOs are later selected as judges through Judicial Services Exams or promoted within the department. In fact, being an APO provides:
- Courtroom experience
- Strong legal drafting and trial exposure
- Many High Court and State rules allow APOs as a feeder cadre for Judicial appointments
Hence, APO is a stepping stone for aspirants targeting a judicial career.
APO Under BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023
Under the BNSS, which replaces the CrPC, the role of Assistant Public Prosecutor remains essential, especially in trial-level prosecutions. Just like under Section 25 CrPC, the District Magistrate may appoint APPs in consultation with the State Government.
Conclusion: Choosing Between PP and APO
Both APO and PP play crucial roles in India’s legal framework:
If you're a law graduate starting your career, APO is a secure, gazetted, and well-structured role that offers long-term growth and even judicial opportunities. If you’re an experienced advocate with passion for criminal law, the post of Public Prosecutor is more senior and comes with greater responsibility.
Whether your goal is justice delivery, public service, or becoming a judge, understanding these roles will help you make the right career decision.
