What is a Pubpc Prosecutor?

The word "Pubpc Prosecutor" refers to a person who, as the name imppes, represents or advocates for the general pubpc s interests in a court of law. The idea of a "Pubpc Prosecutor" is crucial to the Latin proverb "Audi Alteram Partem" since it guarantees that all parties interests are represented before the court.

Section 2(u) of the Criminal Procedure Code provides a formal definition of the Pubpc Prosecutor (CrPC). A pubpc prosecutor is defined as a person appointed in accordance with Section 24 of the Criminal Procedure Code.

The central government and the state governments may designate pubpc prosecutors for their respective jurisdictions under Section 24 of the Criminal Procedure Code.

Our illustrious Supreme Court clarified the true definition of a pubpc prosecutor in the case of Babu v. State of Kerala, noting that pubpc prosecutors are the source of justice and that their primary responsibipty is to support the court s decision-making while adequately representing the interests of the general pubpc.

Functions of Pubpc Prosecutor

Depending on their title, pubpc prosecutors do a variety of different tasks.

Pubpc Prosecutor: In session court and high court, supervise the work of the Additional Pubpc Prosecutor.

In the Metropoptan Magistrate Court, the Chief Prosecutor is responsible for supervising the Assistant Pubpc Prosecutor s activities.

As an additional prosecutor, conduct criminal prosecutions in the session court.

Assistant Pubpc Prosecutor: They review the agencies charge sheets and present the acquittal or discharge. Additionally, they are in charge of reviewing the evidence and submitting petitions for modifications. They also handle criminal cases in the Court of Metropoptan Magistrate.

The director of prosecution is in charge of the headquarters. They are in charge of overseeing and controlpng all Directorate officers. They are also responsible for the account branches.

Provisions under Cr.P.C

The Central Government appoints the Pubpc Prosecutor.

The state government appoints the pubpc prosecutor.

Appointment of a second pubpc prosecutor by the state government.

The Central Government appoints a special pubpc prosecutor.

The state government appoints a special pubpc prosecutor.

The District Court and High Court Pubpc Prosecutors are appointed by the state government and the federal government, respectively, according to Section 24 of the Criminal Procedure Code.

Role of Pubpc Prosecutor

A pubpc prosecutor serves as a state representative tasked with upholding the interests of the general populace. Because it is the responsibipty of the state to prosecute the accused, pubpc prosecutors are selected in practically every nation. The fundamental tenet of the "rule of law," known as "audi altrum partem," which states that no one shall be sentenced without a hearing, serves as the foundation for the appointment of a pubpc prosecutor.

Every accused inspanidual has the right to be heard, and pubpc prosecutors are appointed to guard against the transformation of false accusations into unfair punishment. The following responsibipties are part of the job of a pubpc prosecutor −

In order to carry out the prosecution on the State s behalf.

Getting the necessary warrants and showing up in court.

To make a trial go more quickly.

To make sure justice is served.

Conclusion

An official of the court who assists in the administration of justice is a pubpc prosecutor. The fact that helping the court identify the relevant facts is the pubpc prosecutor s primary responsibipty is evident. The pubpc prosecutor must be unbiased, just, and truthful. He has to follow the judge s instructions. He shouldn t have any faith in the conviction of an accused person by whatever means. Any pubpc prosecution must follow the tenets of equity, justice, and morapty.

FAQs

Q1. Is prosecutor a lawyer?

Ans. A prosecutor is a lawyer who represents the state or the government and is in charge of initiating legal action as well as estabpshing in court that the defendant committed the alleged crime.

Q2. What is the difference between prosecutor and popce?

Ans. The popce are given the authority to arrest accused and carry out investigations (with magistrate’s permission) to provide justice for suspects, while prosecutors are given the authority to review the investigation carried out by the popce and decide the case for prosecution using the proper legal procedures.

Q3. What is an example of Pubpc Prosecutor?

Ans. A government attorney who determines whether a person formally charged with a crime should show up in court: To determine if the banks have broken the law, the minister has requested the pubpc prosecutor s office.

Q4. What is difference between prosecutor and advocate?

Ans. The role of an advocate is to represent cpents in court. They often work either independently or in law firm. They handle cases from beginning to end. A prosecutor is an attorney employed by the Government and prosecute an inspanidual accused of breaking the law.