Our criminal law is well-established in that it presumes that when a crime is committed against an individual, it was also committed against society (or the state). Consequently, it is the state’s duty to guarantee that the impacted group in society as well as the person receive justice.
The term “public prosecutor” refers to the person (a lawyer or advocate) who works on behalf of the state in this justice delivery system. He represents the interests of society as a whole while acting as a governmental agent.
Who is a public prosecutor in crpc?
- An integral part of the criminal justice system in India is the Public Prosecutor. The Public Prosecutor is in charge of prosecuting criminals and represents the State in criminal proceedings. The Public Prosecutor’s job is to make certain that the criminal justice system runs well and that victims of crime receive justice.
- The public prosecutor section in crpc is Section 2(u) of the Criminal Procedure Code (CrPC) which provides its definition formally. However, a person designated in compliance with Criminal Procedure Code Section 24 is known as a public prosecutor.
Public Prosecutor: Eligibility
- Public Prosecutors manage the trial, appeal, and all other court actions on behalf of the government.
- Every Indian law should be thoroughly understood by a public prosecutor. He ought to be an authority on carefully reviewing the situations.
- For every case, he needs to have expertise in assembling witnesses and supporting documentation.
- In addition to having strong communication skills, candidates for public prosecutor positions must be persistent, persuasive, focused, and hardworking.
Appointment of the Public Prosecutor
- Since the Public Prosecutor serves the State in criminal proceedings, their nomination is essential. The State Government may appoint a Public Prosecutor pursuant to Section 24 of the CrPC. One or more public prosecutor is appointed by the State Government for a district or collection of districts.
- The Public Prosecutor must be chosen in an unbiased manner free from political interference. Experience and merit must be taken into consideration when appointing the Public Prosecutor. A person who is dedicated to making sure that crime victims receive justice is the ideal candidate for public prosecutor.
role of public prosecutor under crpc
In the Process of Investigation:
- To appear in court and acquire an order for an arrest.
- Obtaining search warrants in order to search certain locations.
- Obtaining a remand for police custody in order to question the accused, particularly while they are in custody.
- To commence legal proceedings for the non-traceable offender to be declared the proclaimed offender.
- To include the accused’s testimony about the wisdom of the prosecution in the police report.
In the Process of Trial:
- Role in the Sentencing Process: After the accused is found guilty, the Public Prosecutor and Defense Attorney debate further about the appropriate sentence. At this point, the Public Prosecutor may make an argument for a suitable sentence while taking the offense’s gravity, circumstances, and facts into consideration. It facilitates the judge’s ability to make a wise choice.
- Role in the Speedy Trial: One of the essential rights guaranteed by Article 21 of the Indian Constitution is the implicit right to a speedy trial, which is stated as “Right to life and Personal Liberty.” It is the prosecutor’s duty to call every witness whose testimony is necessary to win the case. to ensure that every witness is subjected to a thorough cross-examination. to generate the required paperwork.
Case Rulings Concerning Public Prosecutors
- In the case of Kunja Subudhi and anr. v Emperor, the Public Prosecutor’s duty is to provide the court with all relevant evidence, regardless of whether it supports or refutes the accused, and the court will make the final decision. This is the court’s ruling.
- In the case of Tikam Singh v State and Ors, it was decided that although there is a public component to the Public Prosecutor’s office, it is not in question. Though he does not file complaints, he speaks for the state. A public prosecutor plays a different role than a private attorney.
- In the case of Md. Mumtas v Nandini Satpathy and ors, it was stated that a public prosecutor ought to be unaffected by the outcome of the accused’s trial. In order to discover the truth, they should only bring before the court the pertinent evidence, regardless of whether it benefits or harms the accused.
India has an adversarial justice system. The objective is a fair trial, and the prosecution must establish its case beyond a reasonable doubt. The accused is given the benefit of the doubt if the prosecutors are unable to prove their cases beyond a reasonable doubt. It results in exonerations. The role of prosecutors is crucial since a higher number of acquittals may incite future criminal activity and raise the crime rate. Therefore, the Prosecutors should be given more authority and support in order to stop the escalation of criminal activity in the future.
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