Dec 29, 2017
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Public Prosecutor

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Public Prosecutor

Introduction

Public Prosecutor is in charge of the prosecution. The importance of impartiality in the tribunal depends on the integrity of the Public Prosecutor. A crime is a wrong act against the individual victim and also the society at large. He is not a supporter of any party. He is a independent person. The Public Prosecutor or the Assistant has the authority to appear and plead before any Court in any case under his authority. He can withdraw the case with prior consent of State government. They gives advice to the police or other Government Departments regarding prosecution of any person if asked.  The ideal Public Prosecutor is not concerned with the securing the convictions, or with satisfying departments of the State Government with which he has to be in contact. He must consider himself as an agent of justice

Public Prosecutor and Assistant Public prosecutor:

  •  Every High Court, the Central Government or the State Government appoints a public prosecutor with consultation of the High Court. Also appoint one or more Additional Prosecutor, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Government.
  • The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case  in any district.
  • For every district, the State Government shall appoint a Public Prosecutor. Also appoint one or more Additional Prosecutors for the district;
    Provided that the Public Prosecutor or Additional Prosecutor appointed for one district. They can also appointed as Public Prosecutor or an Additional Prosecutor, for another district.
  • The District Magistrate with consultation of Sessions Judge, prepare a panel of names of persons, fit for appointment as Public Prosecutors.
  • If name does not appear in panel of names then the State Government can not appoint him as the Public Prosecutor for the district.
  • Where in a State there exists a regular Cadre of Prosecuting Officers, the State Government appoint from  the persons constituting such Cadre;
    Provided that where, no person  available for appointment, then state government appoint a person form the panel of names. It is prepared by the District Magistrate
  • A person eligible for appointment ,only if he is practicing advocate for not less than seven years.
  • The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.
  • The tenure of person as public prosecutor is deemed as tenure as advocate also.

 

Article Categories:
Criminal law

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