Role of Public Prosecutor in the Criminal Justice System

Introduction:

To begin with we need to know who is and what are the main goals and roles of a ‘public prosecutor’. A ‘public prosecutor’ is a person who deals with laws and pleads in criminal and civil proceedings from the side of the state or the public authority which is present in the country. A public prosecutor is also known for being an agent of the judges. The prosecutor should be trustful and impartial within working for the public authority. He is also said to no matter what try for a conviction at any cost. These public prosecutors work in the directions and advice given by the judges themselves. All of the countries appoint such public prosecutors. In India, a public prosecutor is known for his duties and ethics towards his profession of a law officer.

Section 24 of Cr.P.C.[1]

The assigning of Public Prosecutors is taken up for and by the Government in the state as well as the capital since these public prosecutors take a stand for the accused in the cases by standing from the side of the society since the crime whichever is committed by the accused is against the society. Also, the assigning of these are done by the judges who think a particular person who is an advocate is fit for such cases. Every jurisdiction has a minimum of two prosecutors.  

Appointment of Public Prosecutor

The main reason for Public Prosecutors being assigning is because whenever an accused commits a crime he has committed it going against the law which is also going against society. Therefore, the case is always the public prosecutor against the group on whom the crime was done. Moreover, in India, it is a necessity for the public prosecutors to act with according to the laws of –

1. No discrimination before the hands of law
2. No protecting the accused before the ex-post law
3. No protection for jeopardy
4. Article 21 of Constitution, Right to Life and Personal Liberty[2]
5. Speedy trial proceedings
6. Equality within the protection of laws
7. Avoiding any discrimination
8. Right of accused of remaining silent
9. Unless proven guilty, the presumption of innocence

Appointment from Types of Public Authorities

1. The Public Prosecutor assigned by Government in the capital.
2. The Public Prosecutor assigned by Government in the state.
3. The Assistant Public Prosecutor assigned by Government in the state.
4. The Special Public Prosecutor assigned by Government in the state.
5. The Special Public Prosecutor assigned by Government in the capital.

Types and Functions of Public Prosecutor

The types and functions of Public Prosecutor according to their appointment:

1. Public Prosecutor – To look for the work being assigned by the Additional Public Prosecutor in major Courts.
2. Additional Prosecutor – To exercise his power of conducting criminal proceedings in Sessions Court.
3. Assistant Public Prosecutor – They exercise examining, evaluating and conducting of charge sheets of discharged and acquittal. Evaluation of evidence and to look after revised petitions. They also conduct criminal proceedings.
4. Chief Prosecutor – To supervise the role exercised by Assistant Public Prosecutor in an Urban Magistrate Court.
5.  Director of Prosecution – These exercise the power of looking after the Account branches and they have overall control of the officers in the Directorate. They are known for the head office.

Here, the main focus is for the Director of Prosecution to look after and supervise the powers used and roles being followed by all the other prosecutors except at High Court.

The role of Public Prosecutors are divided into two sections:

1. During Investigation Process
2. During the trial proceeding

Role of Public Prosecutor in Investigation Ongoing

1. To appear in Court and obtain an arrest warrant.
2. To gain access to search for conduction of search in premises.
3. To refrain from police custody remand for interrogations of accused.
4. To record the evidence of accused and gain access to the police report for more specified research for the prosecution.

Role of Public Prosecutor Within the Trial Proceeding

1. Under Article 21 of the Constitution which states “Right to Life and Personal Liberty” the prosecutor argues for a speedy trial which is implied in Article 21 and then they are supposed to present all necessary witness and evidence which give a reason for cross-examination which are essential to decide the judgement for the case.
2. Sentencing – If the accused is proven guilty of an act, then the prosecutor argues the amount of punishment required according to the offence committed as per keeping the facts intact in mind for an adequate punishment as per the Court may deem fit. It helps the judges to arrive at a justifiable decision.
3. The prosecutor must avoid to aggravate the facts of the case and to deny an examination that might weaken the case. The truth is the main purpose of justice.
4. He represents the public authority or the state and is an independent officer. He is charged with public statutory duties.
5. SPO cannot force the Public Prosecutor to withdraw from the case.
6. The prosecutor must not protect the accused.

Detailed information of Section 24 of Code of Criminal Procedure

1. Sub Section 3- It states the public prosecutor should be assigned for each and every jurisdiction.
2. Sub Section 4- The District Magistrate decides a list of people with Sessions Judge who can be fit for the appointment of such prosecutions.
3. Sub Section 5- A person cannot be fit for appointing if he is not listed in the list created by the Sessions Judge and District Magistrate in reference to Subsection 4.
4. Sub Section 6- In case for an appointment there is no suitable person who can be appointed as a cadre and even if it is, they need to be included in the list as referenced in Sub Section 4.
5. Sub Section 7- The person can only be appointed only if he has practised as a lawyer or advocate for at least a minimum of seven years.

Laws Related to Public Prosecutors

1. Section 25 of Cr.P.C.[3] refers to that any Assistant Public Prosecutor in a jurisdiction for the role of conduction of prosecution of Magistrate Court and the Court can appoint more than one prosecutor only if they want to.
2. Section 321 of Cr.P.C[4] refers to that any Public Prosecutor and Assistant Public Prosecutor can withdraw from the case at any point of time with the permission of the Court. Since the role given to him is to adhere to the exercise of principles and administration of justice is being provided.

Cases Regarding Public Prosecutors

Zahira Habibullah v. State of Gujarat[5]

As this case is known for being called “Best Bakery Case”. In this case, A construction site was burnt down in the city of Vadodara which resulted in the death of 14 persons as well as constructing workers. This matter came to Supreme Court who stated that “the Public Prosecutor, in this case, was busy with defending the counsel instead of looking towards the justice for the parties and truthfulness”.

Jitendra Kumar v. State NCT of Delhi[6] 84 (2000) DLT 88, 2000 (53) DRJ 707

In this case, the High Court stated that the Public Prosecutor has to acts on the principles given to follow on behalf of the state. They should only focus on the main issue that is delivering the role of administration in criminal justice.

Kunja Subidhi and Anr v. Emperor[7] 116 Ind Cas 770

The duty of Public Prosecutor is to place all the evident evidence before the Court which is relevant and maybe in favour or against the accused to decide a matter.

Radheyshyam v. State of Madhya Pradesh and Others[8] 2000 (4) MPHT 124

The court stated that the Public Prosecutor can be appointed only in the request from the side of the State. His remuneration cannot be paid by any private individual since they are public and independent prosecutors. So, the State cannot appoint any Special Public Prosecutor on terms where he is supposed to pay for the remuneration for the accused as a private party.

Present Scenario and Recent Usage of Public Prosecutors

The Government of Delhi in the year of 2018 did appoint senior lawyers, Rebecca John and Vishal Goshen as Special Public Prosecutors in a murder pleading of Ankit Saxena Murder Case for the purpose of a proceeding regarding the trial. In the year 2019, Mr Kejriwal, the current Chief Minister of Delhi appointed a special Public Prosecutor for Soumya Vishwanath’s case. As we know, that there’s no much information and knowledge of people regarding the Public Prosecutors in India there is a lot of things which still lacking. There are some states which allow Director of Prosecution and some others who do not.

Conclusion

The duty of a Public Prosecutor is helping the Court to administer justice and conviction and to adhere to the principles of justice. One of the main role exercised by the Public Prosecutor in finding the facts of the cases and being honest, truthful and fair. The Public Prosecutor must always remember the guidelines of the main principles of justice, equity and good conscience.

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References:

[1] Id.

[2] Article 21 of Constitution of India, Indian Kanoon

[3] Section 25 of Code of Criminal Procedure, Indian Kanoon

[4] Section 321 of Code of Criminal Procedure, Indian Kanoon

[5] Zahira Habibullah Sheikh V. State of Gujarat, Indian Kanoon (2004)

[6] Jitendra Kumar V. State of NCT of Delhi, Indian Kanoon 84 (2000) DLT 88, 2000 (53) DRJ 707  (1999)

[7] Kunja Subudhi and Anr. V, Emperor 116 Ind Cas 770, Indian Kanoon  (1928)

[8] Radheyshyam v. State of Madhya Pradesh and Others  2000 (4) MPHT 124 (2000)