HC Advocate seeks amendment in Haryana Prosecution Rules to align with BNSS, 2023
Babushahi Bureau
Chandigarh, May 30, 2025: Hemant Kumar, an advocate at the Punjab and Haryana High Court, has issued a Legal Notice cum Pre-Litigation Representation to top constitutional and administrative authorities in Haryana, urging them to amend the Haryana State Prosecution Department Legal Service (Group A) Service Rules, 2013 in light of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The representation, addressed to the Governor of Haryana, the Chief Minister, and other top officials, highlights a statutory conflict between Section 20(2) of BNSS, 2023 and Rule 9(1)(a) of the 2013 Service Rules regarding eligibility criteria for the post of Director of Prosecution (General).
According to the BNSS, 2023, a candidate must have either practiced as an advocate for 15 years or served as a Sessions Judge to be eligible for the post. However, the current service rules in Haryana stipulate that the position be filled by promotion from among Additional Directors with at least one year of experience, with concurrence from the Chief Justice of the Punjab and Haryana High Court.
The incumbent Director of Prosecution (General), Shri Sanjay Hooda, appointed in June 2022 under the old Code of Criminal Procedure (CrPC), 1973, is completing his three-year tenure on May 31, 2025, although his retirement is not due until August 2027.
Citing judicial precedents, Advocate Hemant Kumar emphasized that in case of inconsistency between an Act and its corresponding Rules, the provisions of the Act take precedence.
He urged the Haryana Government to amend the 2013 rules accordingly before initiating the appointment of a new Director of Prosecution (General).He expressed hope that the matter would be taken up with due seriousness and addressed promptly in accordance with the law.