what is the role of public prosecutor
Answers
↪A public prosecutor represents the state in any criminal case.↩
↪It is because a crime is considered a crime against the entire society.↩
↪A public prosecutor has to act impartially while examining facts and witnesses.↩
↪He/she then has to present his/her arguments based on the evidences before the court↩
Explanation:
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.”
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.
Functions
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.
Reasons for the Appointment of Public Prosecutor
Whenever any crime is committed against a group or individual, it is assumed that it has been committed against society. It is the duty of the state to provide justice to any group of society or person who is affected by the crime. In India, it is necessary that the criminal justice system should function within the limits of the Indian Constitution, which means that it is necessary for the Public Prosecutor to act in accordance with the principles of:
Equality before law
Protection against double jeopardy
Protection against self-incrimination
Protection against ex-post law
Right to life and personal liberty except procedure established by law
Presumption of innocence until proven guilty
Arrest and detention must be in accordance with the provisions of Cr.P.C.
Equal protection of laws
Speedy trial
Prohibition of discrimination
Right of accused to remain silent
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.
ther Important Roles
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.