What is the Role of Public Prosecutor?

What is the Role of Public Prosecutor?

What is the Role of Public Prosecutor? The main role of the public prosecutor is to assist in prosecuting criminals before the court to maintain a crime-free society.

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What is the Role of the Public Prosecutor?

A public prosecutor is a public authority who ensures the application of the law in the interest of the public/society. Public prosecutors represent the State and not the police authority.

What is the role of public prosecutor in India? It is a well-established rule in the Indian Criminal Justice System that when a crime has been committed against a specific person, it is assumed that the crime was also committed against the society as a whole or State.

Public Prosecutor Meaning

Public prosecutor meaning can be derived as the public prosecutor is the person who takes the State's responsibility to ensure that the individual and affected group in society receives justice. A "Public Prosecutor" is the title given to the individual person (advocate or attorney) who represents the State on behalf of the victim or affected group in society in this justice system.

A Public Prosecutor is considered the agent of the State to represent the interest of the common people in the Indian Criminal Justice System. The role of the public prosecutor is to represent the interest of the State and not the police. The role of the public prosecutor begins after the police have conducted the investigation and filed the chargesheet in the court. As an officer of the court, it is the duty of the public prosecutor to act impartially and unbiased, thus enabling the court to decide the case.

Who is the Public Prosecutor?

Who is the Public Prosecutor? The word "Public Prosecutor" refers to a person who as the name implies, represents or advocates for the general public's interests in a court of law. The idea of a "Public Prosecutor" is crucial to the Latin proverb "Audi Alteram Partem" since it guarantees that all parties' interests are represented before the court of law.

The definition of "Public Prosecutor" has been provided under section 2(u) of the Criminal Procedure Code, 1973 as "A Public Prosecutor is defined as a person appointed in accordance with the section 24 of the Code of the Criminal Procedure, 1973"

According to Section 24 of the Criminal Procedure Code, 1973;

• 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, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.
• The Central Government may appoint one or more Public Prosecutors to conduct any case or class of cases in any district or local area.
• For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district.

Therefore, according to section 24 of the Code, the Central Government and the State Government may designate public prosecutors for their respective jurisdictions.

In the case of Babu v/s State of Kerala, the Supreme Court clarified the true definition of a public prosecutor, the public prosecutor is the source of justice and their primary responsibility is to support the court's decision-making while adequately representing the interests of the general public.

Functions of Public Prosecutors

1. In Session Court and High Court, the public prosecutor supervises the work of the Additional Public Prosecutor.
2. In the Metropolitan Magistrate Court, the Chief Public Prosecutor is responsible for supervising the Assistant Public Prosecutor's
3. As an Additional Public Prosecutor, conduct criminal prosecutions in the Sessions court.
4. Assistant Public Prosecutor: They review the agency’s chargesheets and present the acquittal or discharge. Additionally, they are in charge of reviewing the evidence and submitting petitions for modifications. The assistant public prosecutor also handles criminal cases in the Judicial Magistrate First Class or Metropolitan Magistrate court.
5. The Director of Prosecution is in charge of the headquarters. They are in charge of overseeing and controlling all the directorate officers. They are also responsible for the account branches.

Frequently Asked Questions

What is a public prosecutor in short?

A public prosecutor is a public authority who ensures the application of the law in the interest of the public/society. Public prosecutors represent the State and not the police authority.

Who is called a public prosecutor?

The word "Public Prosecutor" refers to a person who as the name implies, represents or advocates for the general public’s interests in a court of law. The idea of a “Public Prosecutor” is crucial to the Latin proverb “Audi Alteram Partem” since it guarantees that all parties’ interests are represented before the court of law.

What is the role of the public prosecutor in any three points?

It is the public prosecutor who represents the interests of the state. Their role begins after the police have conducted the investigation and filed the charge sheet in the court. They have no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State.

Is the public prosecutor an advocate?

In simple words, every public Prosecutor is an advocate but every advocate is not a public prosecutor.

Conclusion

What is the Role of Public Prosecutor? The main role of the public prosecutor is to assist in prosecuting criminals before the court to maintain a crime-free society. A public prosecutor is a public authority who ensures the application of the law in the interest of the public/society. Public prosecutors represent the State and not the police authority.

A Public Prosecutor is considered the agent of the State to represent the interest of the common people in the Indian Criminal Justice System. The role of the public prosecutor is to represent the interest of the State and not the police. The role of the public prosecutor begins after the police have conducted the investigation and filed the chargesheet in the court. As an officer of the court, it is the duty of the public prosecutor to act impartially and unbiased, thus enabling the court to decide the case.