DEPARTMENT OF LEGAL STUDIES AND RESEARCH

BARKATULLAH UNIVERSITY, BHOPAL(M.P.)

SUBJECT- COMPARATIVE CRIMINAL PROCEDURE
TOPIC- THE ROLE OF PUBLIC PROSECUTOR IN CRIMINAL JUSTICE SYSTEM

SUBMITTED TO: SUBMITTED BY:

MR MOHD.FARAZ KHAN Akshat Dubey
Roll No.- 208080005
Enrollment No.- R208088090054
Phone No.- 7024068732
Email ID- [email protected]
 CONTENT

INTRODUCTION
MEANING
FUNCTION
ROLE PUBLIC PROSECUTOR
PROVISION UNDER C.R.P.C
SUGGESTION
CASE LAWS
CONCLUSION
REFFRENCE
 INTRODUCTION
• A Public Prosecutor is considered as the agent of the state to represent the interest of
common people in the criminal justice system.
• The prosecution of the accused is the duty of the state but not individually the duty of the
aggrieved party.
• They are appointed in almost all countries.
• The Public Prosecutor is defined in Section 24 of Cr.P.C.
• They serve as the basic principle of Rule of Law i.e. auld alteram partem (no person shall be
condemned unheard).
 MEANING
–Section 2(u) of the Code of Criminal Procedure defines Public
Prosecutor.
“A person who is appointed under Section 24 of CrPC and it
also includes any person who is acting under the directions of
Public Prosecutor.”
 FUNCTION
The functions of the Public Prosecutor differ according to their designation.
Public Prosecutor- supervise the function exercised by the Additional Public Prosecutor in Session
Court and High Court.
Chief Prosecutor- supervise the functions exercised by Assistant Public Prosecutor in
Metropolitan Magistrate Court.
Additional Prosecutor- conduct criminal proceedings in the Session Court.
Assistant Public Prosecutor- they examine the charge sheet prepared by agencies and submit the
acquittal or discharge. They also are responsible for the evaluation of evidence and filing revisions
petitions. They also conduct the criminal proceedings in the Court of Metropolitan Magistrate.
Director of Prosecution- it is the head office. They exercise the overall control and supervision of
officers of Directorate. They also look after the Account Branches.The objective of establishing a
Directorate of Public Prosecutors is to supervise and scrutinise the functions relating to various
prosecution agencies at Assistant Session level and Session level except at High Court.
 Role of Public Prosecutors
 It is divided into two parts:
 In investigating process
 During the trial
 Role of the Public Prosecutor in the investigating process
 To make an appearance in the Court and obtain an arrest warrant To obtain search warrants for conducting a
search in specified premises
 To obtain police custody remand for interrogation (including custodial interrogation) of the accused
 To initiate a proceeding for the declaration of the non-traceable offender as the proclaimed offender
 To record the evidence of accused in the police report regarding the advisability of the prosecutions
 Role of Public Prosecutors at the time of trial
 Sentencing- when the accused is proven guilty, then the defence counsel and the Public Prosecutor further
argue to decide the quantum of punishment. At this stage, the Public Prosecutor may argue for the adequate
punishment keeping in mind the facts, circumstances of case and gravity of the offence. It helps the judge to
arrive at a judicious decision.
To conduct a speedy trial- Right to a speedy trial is a fundamental
right and it is impliedly given in Article 21 of Constitution of India
which states “Right to life and Personal Liberty”. The prosecutors
have a responsibility to call all the witnesses whose evidence is
essential to decide the case. To cross-examine the witness and to see
that no witness if left unexamined. To produce all the
necessary documents.
OTHER IMPORTANT ROLE
The Public Prosecutor cannot aggravate the facts of the case or deny to examine the witness whose evidence may weaken the case. The main
aim must be to discover the truth.
He should not defend the accused. It is against the fair play of administration of justice or against the legal profession.
He represents the State, not police. He is an Officer of State and is appointed by
State Government. He is not a part of any investigating agencies but an
independent authority. He is charged with statutory duties.
Superintendent of; police or District Magistrate cannot compel to the Public
Prosecutor to withdraw the case.
If there is an issue which is raised by defence counsel and failed, it should be
brought out in the notice of the court by Public Prosecutor.
To ensure that justice is done.
 Provision Under Cr.P.C
Hierarchy of Public Prosecutor according to Section 24:
The Public Prosecutor appointed by Central Government
The Public Prosecutor appointed by State Government
Additional Public Prosecutor appointed by State Government.
Special Public Prosecutor appointed by Central Government
Special Public Prosecutor appointed by State Government.
Section 24 of Cr.P.C talks about the appointment of Public Prosecutors in the District Court and High Court by the state
government and central government respectively.
Sub-section 3 states that the Public Prosecutor needs to be appointed for each district and may also appoint Additional Public
Prosecutor.
Subsection 4 states that the District Magistrate in consultation with Session judge needs to prepare a panel of names which is
considered as fit for such an appointment.
Subsection 5 states that the person can’t be appointed as a Public Prosecutor or Additional Public Prosecutor by the State
Government in a district unless his names are on the panel prepared under subsection 4.
Subsection 6 explains that in a case where a state has a local cadre of prosecuting officers, but there is no suitable person in
such cadre for an appointment the appointment must be made from the panel prepared under subsection 4.
Subsection 7 states that person can be appointed as Public Prosecutor only after he has been practised as an advocate for the
minimum period of 7 years.
• Section 25 of Cr.P.C states that the Assistant Public Prosecutors is
appointed in the district for the purpose of conducting prosecution in
Magistrate Court. The court may appoint one or more Assistant Public
Prosecutors for the purpose of conducting a case.
• If there are no Assistant Public Prosecutors then District Magistrate may
appoint any other person to act as the Assistant Public Prosecutors.
• Section 321 permits the Public Prosecutor or Assistant Public Prosecutor
to withdraw from the case or prosecution with the permission of the
court at any time before the judgement is pronounced. The power of the
prosecutor is derived from the statute itself and they must act in the
interest of the administration of justice.
Encouraging more lawyers to become Public Prosecutors.
Suggestions
Increasing the salary structure of the Public Prosecutor so that it can act as a
reinforcement to more people.
Limit the experience required to 3 years instead of 7 years.
To establish a national institute to impart proper training upon the aspiring
candidates.
Making compulsory for all the states to create its own Directorate of Prosecutions.
 JUGDMENT

In the case of Babu vs State of Kerala,

The Court observed that Public Prosecutors are ministers of justice who is duty
bound to assist the judge in the administration of justice.
In the case of Tikam Singh vs State & Ors,
There is no dispute related to the office of the Public Prosecutor but there is a public
element attached to it. He acts as the representative of the state but not a
complainant. The role of the Public Prosecutor is distinguished from the role of
private counsel.
 CONCLUSION
 A Public Prosecutor is an officer of the court helping in the
administration of justice. It is clear from the fact that the main duty of
the Public Prosecutor is to help the court in finding the facts of the
case. The Public Prosecutor must be impartial, fair and honest. He
must act on the directions of the judge. He should not believe in the
conviction of accused by hook or crook. The guiding principles of any
public prosecution must be equity, justice and good conscience.