FUNCTIONARIES UNDER CRIMINAL JUSTICE

SYSTEM

Dr. K.GANESAN
ASSITANT PROFESSOR(SR)
VITSOL
 INTRODUCTION
The Criminal Justice System consisting of Police,
Judiciary and Correctional Institutions play a
major role in implementing human rights and
thereby protect and safeguard the human
rights of the citizens of a country.
The Criminal Justice System has the power to
control crime, prevent crime and punish the
criminals.
The pre-trial procedure involves arrest and Investigation
under the Criminal Procedure Code 1973.
Criminal Justice System has composed mainly three vital
organs, namely (i) Police, (ii) Judiciary and (iii) Prison.
In India, the human rights have been characterized as
fundamental rights and are given a special status.
Rights are important for the fact that they are considered
inherent for every citizen and thus, their violation gives
the citizens, the right to move to the Supreme Court
and the High Courts under Article 32 and Article 226 of
the Indian Constitution respectively.
The functionaries exercising powers and
discharging duties under the Criminal Justice
system are:
1. Police
2. Prosecutors
3. Defense Counsels
4. Magistrates and Judges
5. Prison and Correctional authorities
 POLICE
The Cr.P.C presupposes the existence of the police
and police officers.
It only arms them with certain powers and directs
them to discharge certain duties.
The Police Act, 1861.
The police force is an instrument for the prevention
and detection of crimes.
The overall administration of the police in the entire
state is vested in the IG of police.
The police Act, 1949 creates a police force for
the Union Territories, following the pattern of
the Police Act 1861.
Police under the Code:
The criminal procedure code confers specific
powers, e.g. power to make arrest, search,
etc.
The term “police-station” means any post or
place declared generally or specifically by the
state Govt.
Officer in charge of the police station:
Sec.2(o)

“officer in charge of a police station“ includes, when the

officer in charge of the police station is absent from the
station-house or unable from illness or other cause to
perform his duties, the police officer present at the
station-house who is next in rank to such officer and is
above the rank of constable or, when, the State
Government so directs, any other police officer so
present.
 PUBLIC PROSECUTOR
The adversary system of criminal trial, which we
have adopted, assumes that the state using its
investigative resources and employing a
competent prosecutor would prosecute the
accused
• The public prosecutor works for the govt.
• He is the counsel for the state in trials.
• His duty is to institute, undertake, or carry on
criminal proceedings in any case against the
government.
• Further his duties mainly consist in conducting
prosecutions on behalf of the state.
• Sec-2(u) defines ‘public prosecutor’
• Sec-24 explains about public prosecutors.
• He should not appear on behalf of the accused.
Kannapan V Abbas CriLJ 1022 Mad HC
• Public prosecutors are appointed from the
Magistrate’s Court to High Court in every
state.
HIGH COURT-For every High court the central
government or the state government shall,
after consultation with the High court, appoint
a public prosecutor and may also appoint one
or more Additional Public prosecutors.
• They appointed for conducting in such court,
any prosecution, appeal or other proceeding
on behalf of the central or state government.
DISTRICT

1. The central government may appoint one or

more public prosecutors, for the purpose of
conducting any case in any district or local
area.
2. The state government shall appoint a public
prosecutor and may also appoint one or more
Additional public prosecutors for the district.
The District magistrate shall, in consultation with
the sessions Judged, prepare a panel of names
of persons, fit to be appointed as public
prosecutors or Additional public prosecutors
for the district.
The state government is not authorized to
appoint any person as public prosecutor,
whose name is not included in the panel of
names prepared by the District Magistrate.
 QUALIFICATION
• Public Prosecutor Add-Public prosecutor
He has been in practice as an advocate for not
less than seven years.

• Special Public Prosecutor

He must have been in practice as an advocate
for not less than ten years.
 CLASSIFICATION
1. Public prosecutor appointed by central govt
2. Public prosecutor appointed by state govt
3. Addl-Public prosecutor appointed by central
4. Spl-Public prosecutor appointed by central
5. Spl-Public prosecutor appointed by state
6. Assistant Public prosecutors.
 ASSISTANT PUBLIC PROSECUTORS
Sec-25 provides that the state government shall
appoint in every district one or more Asst-
public prosecutors for conducting prosecution
in the courts of Magistrates.
The central government may appoint one or
more Asst-public prosecutors for conducting
prosecution in the courts of Magistrates.
In cases initiated on a private complaint the
prosecution is either conducted by
complainant himself or by his duly authorized
counsel. In such cases also the state can
appoint prosecutors if the cause has public
interest.
(Mukul Dalal Vs State of Kerala,1997CriLJ 2199(Ker HC.)
 ROLE OF PROSECUTOR
The code does not specifically mention about the sprit in
which the duties of the prosecutor are to be discharged.
The duty of the prosecutor in a trial is not merely to secure
conviction at all costs but to place before the court
whatever evidence is possessed by the prosecutor.
The collected evidence may be in favour or against the
accused, but the guilt has to be decided by the court.
Anant wasudeo Chandekar Vs King Emperor,AIR1924
Nag 243.
It is no part of the prosecutors duty to obtain
conviction by hook or by crook methods.

In the machinery of justice a public prosecutor

has to play a very responsible role, the
impartiality of his conduct is as vital as the
impartiality of the court itself. Mohd Mumtaz
Vs Nandini Satpathy, 1987 SCC(Cri) 73.
 PRISION AUTHORITIES
As in the case of the police, the code presupposes
the existence of prison and prison authorities.
The code empowers magistrates and judges under
certain circumstance to order detention of under
trial prisoners in jail during the pendency of the
proceedings.
The code also empowers the courts to impose
sentences of imprisonment on convicted persons
and to send them to the prison authorities for
the execution of such sentences.
If at the conclusion of the trial, the accused is
found guilty, the court shall pass a sentence on
the offender unless it decides to deal with the
offender under the probation laws.
In the case of youthful offenders , under the
benevolent laws applicable to such offenders
for their treatment, training or rehabilitation.
So it would be become necessary to provide for
the machinery and personnel for the execution
of sentences and also for the rehabilitation and
treatment of the offenders.
The Cr.P.C however does not make any specific
provisions for the creation, working and
control of such machinery.
These matters have been left to other special
Acts, such as:
• the Prisons Act, 1894,
• the Prisoners Act, 1900,
• the Borstal School Act, 1925,
• the Probation of offenders Act, 1958, etc.
• Juvenile Justice (Care and Protection of
Children) Act, 2015
 DEFENCE COUNSEL
Sec.303. Right of person against whom
proceedings are instituted to be defended.
Any person accused of an offence before a
Criminal Court, or against whom proceedings
are instituted under this Code, may of right be
defended by a pleader of his choice.
Unlike the other functionaries, such as police
and the prosecutors, the advocates and
pleaders engaged in the task of defending the
accused person.
In our adversary criminal justice system the state
employ prosecutor to prosecute the accused, in
turn the accused will employ equally competent
defense counsel to challenge the evidence of the
prosecution.
The constitution of India and Cr.P.C. confers on the
accused person a right to consult and to be
defended by a legal practitioner of his choise.
Sec 304 where it appears to the court that the
accused has not sufficient means to engage a
pleader, the court shall assign a pleader for his
defense.