role of public prosecutor
Answers
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.
Explanation:
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.