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Role of The Prosecutors

The document discusses the role of public prosecutors, including that they are meant to be impartial and objective, present the state's case in court, and act independently of police and executive influence. Public prosecutors are also meant to assist the court and ensure justice is served, not just obtain convictions.

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108 views

Role of The Prosecutors

The document discusses the role of public prosecutors, including that they are meant to be impartial and objective, present the state's case in court, and act independently of police and executive influence. Public prosecutors are also meant to assist the court and ensure justice is served, not just obtain convictions.

Uploaded by

sayaacharya1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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ROLE OF THE

PROSECUTOR
MEANING, NATURE & SCOPE

• ‘Public Prosecutor’ is defined in some countries as a “public


authority who, on behalf of society and in the public interest,
ensures the application of the law where the breach of the law
carries a criminal sanction and who takes into account both the
rights of the individual and the necessary effectiveness of the
criminal justice system”.
APPOINTMENT
• Prior to the enactment of the Cr.P.C.1973
• the Cr.P.C.1973:
- the Director of Prosecutions
- Additional Directors, Deputy Directors and Assistant Directors

Qualifications:
a) a senior police officer OR
b) a judicial officer of the rank of District and Sessions Judge

• Krishan Singh Kundu v. State of Haryana, 1989 Crl LJ


1309 (P&H)
• It was held that the action of the State Government in appointing a police officer as
Director of Prosecution i.e. in charge of the Prosecution Agency of the State was wholly
illegal and violative of the letter and spirit of ss. 24, 25 of the Code and the appointment
was quashed.
APPOINTMENT

• At the district level


a) Public Prosecutor
b) the Assistant Public Prosecutor, Grade-I and c)
the Assistant Public Prosecutor, Grade-II.

• the District Magistrate in consultation with the Sessions Judge prepares a panel of
lawyers with a minimum of 7 years of experience to be appointed as public
prosecutors. They are so appointed by the state government.

• Not permanent employees of the state government

• paid an honorarium
ROLE OF THE PROSECUTOR

• to present to the tribunal a precisely formulated case for the State


against the accused
• to call evidence in support
• Examination of the witnesses

• Babu v. State of Kerala : 1984 Cr LJ 499 (Ker H.C.)


“Public Prosecutors are really Ministers of Justice whose job is
none other than assisting the State in the administration of justice.
They are not representatives of any party. Their job is to assist the
Court by placing before the Court all relevant aspects of the case.
They are not there to see the innocent sent to the gallows; they are
also not there to see the culprits escape conviction”
ROLE OF THE PROSECUTOR

• Prosecutors have duties to the State, to the public, to the Court and to the
accused and, therefore, they have to be fair and objective while discharging
their duties.

• Public Prosecutor has to act independently from the Police:


- to behave impartially

• R v. Banks 1916 (2) KB 621


-Prosecutors are gatekeepers to the criminal justice process.
The learned Judge stated that the prosecutor,
“throughout a case ought not to struggle for the verdict against
the prisoner but… ought to bear themselves rather in the character of
minister of justice assisting the administration of justice”
ROLE OF THE PROSECUTOR

• Prosecutors are independent of the police and the Courts.

• While the police, the Courts and the prosecutors have responsibilities to each other,
each also has legal duties that separate them from others.

• Public Prosecutors are part of the judicial process and are considered to be officers
of the Court.
ROLE OF THE PROSECUTOR

• The prosecutor must co-ordinate with the Police

• R. Sarala v. T.S. Velu: AIR 2000 SC 1731


• the Supreme Court held “investigation and prosecution are two
different facets in the administration of criminal justice. The Role of the
public prosecutor is inside the Court, whereas the role of investigation is
outside the Court. Normally, the role of the public prosecutor commences
after investigation agency presents the case in the Court on the culmination
of investigation. Involving the public prosecutor in investigation is
unjudicious as well as pernicious in law….. The Investigation Officer
cannot be directed to consult the public prosecutor and submit a
chargesheet in tune with the opinion of the public prosecutor…. Public
prosecutor is appointed for conducting any prosecution, appeal or
proceedings in the Court. He is an officer of the Court. The public
prosecutor is to deal with a different field in the administration of
justice and cannot be involved in investigation”.
ROLE OF THE PROSECUTOR

• Public Prosecutor must act on his own independent of


Executive influence:
- The Government should ensure that public prosecutors are independent of the
executive, and are able to perform their professional duties and responsibilities without
interference or unjustified exposure to civil, penal or other liability.

-Public prosecutors must be in a position to prosecute without influence or


obstruction by the executive or public officials for offences committed by such persons,
particularly corruption, misuse of power, violations of human rights etc.
ROLE OF THE PROSECUTOR

• Withdrawal of prosecutions under Sec. 321, Cr.P.C.

• Balvant Singh v. State of Bihar: AIR 1977 SC 2265


“It is the statutory responsibility of the public prosecutor alone to
apply his mind and decide about withdrawal of prosecution and this power is
non-negotiable and cannot be bartered away in favour of those who may be
above him on the administrative side”.

• Subhash Chander v. State (AIR 1980 SC 423)


• The Supreme Court stated that it is the public prosecutor alone and not any
other executive authority that decides withdrawal of prosecution. Consent
will be given by the Public Prosecutor only if public justice in the larger
sense is promoted rather than subverted by such withdrawal.

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