The conduct of prosecution in different criminal courts was in charge of investigating agency prior to the commencement of the criminal procedure Code, 1973. After introduction of the new Cr.P.C. of 1973, conduct of prosecution by investigating agency was discontinued. As per The Odisha Law Officers Rules, 1971 advocates are appointed by the State as Assistant Public Prosecutors, Additional Public Prosecutors and Public Prosecutors to conduct the Prosecutions. In order to exercise an effective control over the activities and performance of such prosecutors and to achieve better results, this Directorate was established in 1981 as per the letter No. 6119/P, dated 21.12.1981 of the Government of Odisha in Home Department. In the meantime, the Odisha State Prosecution Service Rules, 1997 came into operation and some of the Prosecutors (Cadre) were appointed by Government in different criminal courts being recruited by Odisha Public Service Commission. At present there are many Cadre Prosecutors working in different Courts of the State. This Directorate exercises administrative control over the Cadre prosecutors being the Heads of Department under Home Department of Government of Odisha.
The Directorate of Prosecution attained statutory status following the enactment of Section 25A of the Cr.PC through the Criminal Procedure Code (Amendment) Act, 2005, which came into force on 23.06.2006. Section 25A of the Code of Criminal Procedure provides for the appointment of the Director of Prosecution and establishment of Directorate of Prosecution as under:
25A. Directorate of Prosecution-
(1) The State Government may establish a Directorate of Prosecution consisting of Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court.
(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.
(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1), or as the case may be, sub-section(8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3), or as the case may be, sub-sections (8), of section 24 to conduct cases in District Courts and every Assistant Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution.
(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.
(8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of Public Prosecutor.