Abstract:
The criminal justice system begins as before long as a wrongdoing is accounted for to the police and the investigation starts. A crime might be detailed by the complainant or a part of people in general or it might have been submitted within the sight of cops.
Prosecutor is not the representative of the victim and not of the accused, even not of the public authority, but rather he/she is the representative rather agent of individuals of the country in its genuine sense.
In this paper we will manage part of examiner and the entire idea with respect to why he/she is required.
Prosecutors taken under any framework or system, their sole object is to convey equity and justice yet the government and the people who are delegated or the way of these arrangements vary in different nations. They are the representative of every nation’s administration or their states government still a distinction lives as the obstruction of the public authority and the nations legal executive and elocutionary body may waver.
The key actors or roles in the criminal justice system in India are accused ,victim, police, prosecutor, defense counsel and the judge. A prosecutor understands the nuances of the system as well as it failure and success. Prosecutor is not a synonym to a lawyer. But its not true. The state appoints them.
In any case, this paper will give an understanding on the job and significance of prosecutor the assurance of common freedoms and for the general public’s prosperity and security.
KEYWORDS:
Complainant, Prosecutor, Equity, Justice, Security.
In a case or in a dispute there are always two parties present for an argument. In a civil dispute one the party who files the petition is called as Petitioner and the other party who responds to that petition is called as Respondent. But in a criminal case we have a Public Prosecutor and a Defense Council. A criminal case sets an example against the society as the gravity of the crime is so high. Thus, in a criminal case its always a party against the state. The one who represents the state is called as Public Prosecutor, and the other party is called as Defense Counsel.
Under S.24 of C.r.PC public prosecutors is defined. A Public Prosecutor is considered as the specialist of the state to address the interest of common people in the criminal justice system. The prosecution of the accused is the obligation for the state yet not independently the obligation of the wronged party. They are appointed in almost all nations.
A person who is appointed under S.24 of Cr.P.C, it also includes any person who is working under the directions of the Public Prosecutor. In the case of [1]Babu v. State of Kerala(2010) 9 SCC 189-A, the court observed that Public Prosecutors are the ministers of justice who is duty bound to assist the judge in the administration of justice.
The functions of the Public Prosecutor differs from each other according to their designations:
- Public Prosecutor- administer the function practiced by the Additional Public Prosecutor in the court of sessions and High Court.
- Chief Prosecutor- administer the functions practiced by Assistant Public Prosecutor in Metropolitan Magistrate Court.
- Additional Prosecutor- conduct criminal proceedings in the court of sessions.
- Assistant Public Prosecutor- they inspect the charge sheet arranged by officers and present the vindication or release. They likewise are liable for the assessmentof proof and recording corrections petitions. They likewise direct the criminal procedures in the Court of Metropolitan Magistrate.
- Reasons behind appointing a Public Prosecutor.
The prosecutor investigates the crime together with the police. The individual will have contact with the individual associated with the crime, the person in question and witnesses, and have close contact with the police.
At whatever point any crime is carried out against a gathering or individual, it is accepted that it has been perpetrated against society. It is the obligation of the state to give equity to any gathering of society or individual who is influenced by the wrongdoing. In India, it is fundamental that the criminal equity framework should work inside the constraints of the Indian Constitution, which implies that it is essential for the Public Prosecutor to act as per the standards of:
- Equality against law.
- Protection against double jeopardy.
- Protection against self-incrimination.
- Protection against ex-post law.
- Presumption of innocence until proven guilty
- Speedy trial.
- Prohibition of discrimination.
- Right of accused to remain silent.
- Role of Prosecutor during investigation.
- To make an appearance in the Court and acquire an arrest warrant.
- To obtain search warrants to conduct a search of a particular place.
- To acquire police authority remand for interrogation (counting custodial cross examination) of the accused.
- To record the evidence of the accused person in the police report with respect to the suitability of the prosecution.
- Role of Public Prosecutor during the trial:
Role of Public Prosecutor is divided into 2 parts:
- In the investigating process
- During the trial.
Apart from that they also play important roles during the following times.
- Sentencing: At the point when the accused is proven guilty/blameworthy, at that point the defense counsel and the Public Prosecutor further contend to choose the quantum of punishment. At this stage, the Public Prosecutor may contend for the sufficient punishment remembering current realities, conditions of case and gravity of the offense. It assists the judge with showing up at a reasonable choice.
- To conduct a speedy trial:Right to a speedy trial is a fundamental right and it is clearly stated in Article 21 of Constitution of India which states “Right to life and Personal Liberty”. The examiners have an obligation to consider every one of the witnesses whose evidence is fundamental to decide the case. To question the witnesses and to see that no witnesses are left unexamined to create all the vital and necessary reports/documents.
- Burden of proof on prosecution: It is the duty of the Public Prosecutor to establish a guilt against the accused in the court of law beyond reasonable doubt. There are 3 types of evidence namely oral evidence(statements given by the witnesses), documentary evidence and circumstantial evidence. Forensic evidence also plays a very important role. It clears out many doubts that are present in a case.
Based on the facts demonstrated by the oral,documentary and forensic proof, the public prosecutor attempts to validate the charges against the accused and attempts to commute home the blame or guilt against him. [2]If there is a statutory law regarding presumptions against the accused, the public prosecutor draws the court’s attention towards that and meshes it with other evidence on record.The prosecutor has a massive job. He needs to demonstrate current realities or prove the facts.
He needs to proof the circumstances, and afterward he needs to draw the deductions or inferences and persuade the court that the summoned accused is guilty for the offenses that he has been charged with. This is a burdensome task and requires sound legal knowledge & information, the capacity to deal with witnesses and the ability to convey the court alongside him.
- Other important points regarding a Public Prosecutor.
- The Public Prosecutor can’t disturb current facts of the case or deny to analyze the witness whose evidence may debilitate the case. The primary point should be to find the truth or the truth and justice should prevail in the Court of Law.
- He cannot defend the accused. It is against the fair play of the administrative of justice or in the court of law.
- He is charged and works under statutory duties. He represents the state. He is not a part of any investigating agencies but acts independently.
- The superintendent of the police or the District Magistrate cannot the compel or force the Public Prosecutor to take back the case.
- He ensures that the truth prevails and justice is done.
The hierarchy of Public Prosecutor is mentioned in Section 24 of Cr.P.C.
- The Central Government appoints the Public Prosecutor.
- The State Government appoints the Public Prosecutor.
- The state govt. appoints the Additional Public Prosecutor.
- The Special Public Prosecutor is appointed by both central and state govt.
Sec. 24 of Cr.P.C mentions that the appointment of Public Prosecutor in the District Court and High Court are done by the state govt and central govt. respectively.
The sub- sections mentions that
- The Public Prosecutor is appointed in every district and if required an additional public prosecutor is also appointed.
- The District Magistrate along with the sessions judge needs to prepare a panel of names who are considered as fit for the appointment.
- A person cannot be appointed as a Public Prosecutor or an Additional Public Prosecutor if their names are not shortlisted in the panel mentioned above.
- In a situation where a state has a local cadre of prosecuting officers, but there are no suitable officers in such cadre for appointment must be made from the panel prepared in the above mentioned points.
- A Public Prosecutor is appointed only after the person has practiced as an advocate for minimum period of 7 years .
Sec.25 of Cr.P.C states that the Assistant Public Prosecutors are appointed in the the district with a purpose of conducting the trials and prosecution in the Magistrate Court. The court may appoint more than one assistant public prosecutor for the purpose of conducting a case or may also vary from case to case.
The Public prosecutor or the Assistant Public Prosecutor can withdraw a case or the prosecution with the permission of the court before it delivers the judgement or verdict. This very particular thing is mentioned in Sec. 321 of Cr.P.C. It also states that the the power of prosecution is derived from statute itself and must act in the interest of administration of justice.
Zahira Habibullah vs. State of Gujarat (2006)[3] 3 SCC 374, where the conduct of the ‘BEST BAKERY’ case in the Hon’ble Gujarat High Court , involving the burning down of an establishment in Vadodara which caused the death of 14 persons, came up for consideration before the Hon’ble Supreme Court. The Hon’ble Supreme Court ordered retrial of the matter in The Hon’ble High Court of Maharashtra, and observed that in Gujarat,:
The Public Prosecutor appears to have acted more as a defence counselwhose duty was to present the truth before the Court.
In the final investigation or analysis, a public prosecutor is an official of the court and is needed to deliver help to the court to show up at a fair and impartial choice. He is additionally needed to be reasonable for the contrary party. His core value ought to be less the letter of law, however the soul of law dependent on judiciousness, sound judgment and value.
- Present scenario in India:
There is no consistency in the design of the public prosecution in India. There is no limit made between the investigating agency and the prosecution in various states. This influences the fairness of Public Prosecutor since police control the prosecutions. At the point when the prosecution is going led by a senior cop, the limit implodes totally.
Although the Law Commission in the year 1958 proposed the foundation of Directorate of prosecution with its own unit, such a suggestion was not acknowledged in Cr.P.C. A few states have Directorate of Prosecution while others don’t.
- Suggestions as a lawyer student:
- Encouraging more budding lawyers to opt or become Public Prosecutor.
- Limit the experience required to 4 years than 7 years. Many loose interest by seeing the number of years required to become a public prosecutor and also loose patience in between too.
- To establish institutes to impart proper training regarding Public Prosecution upon the aspiring candidates.
- A mandate should be circulated to every state to create its own Directorate of Prosecutions.
- Conclusion:
A Public Prosecutor is an official of the court helping in the administration of justice. It is obvious from the way that the principle obligation of the Public Prosecutor is to help the court in discovering current facts of the case. The Public Prosecutor should be unprejudiced, reasonable and fair. He should follow up on the bearings of the appointed authority. He ought not put stock in the conviction of charged by any means necessary. The core values of any open indictment should be value, equity and justice and good conscience.
[1]Janhavi Arakeri, Meaning Roles and Functions of a Public Prosecutor,whois.godaddy.co(June,3rd , 2019, 6.05P.M.), https://blog.ipleaders.
[2]Janhavi Arakeri, Meaning Roles and Functions of a Public Prosecutor,whois.godaddy.co(June,3rd , 2019, 6.05P.M.), https://blog.ipleaders.
[3]Meenal Maheshwari, Zahira Habibullah H Sheikh and Anr v/s. State of Gujarat and Ors, Tucows.com Co.(December, 4th, 2020, 11.34 A.M), http://probono-india.in.
