May 6, 2023

A DETAILED STUDY OF ROLE OF PUBLIC PROSECUTOR IN CRIMINAL JUSTICE SYSTEM

This article is written by Gauri Gupta, Second year student at Faculty of Law, University of Delhi.

An important part of Indian culture is the criminal justice system. The three most important parts of this structure are the cops, the judiciary, and the prosecution. The Public Counsel is essential in making sure that justice is done. In this article, we will examine the Public Prosecutor’s function in India’s criminal justice system in more detail.

The State appoints the Public Prosecutor, who is a lawyer. The Public Prosecutor’s main duty is to carry out criminal prosecutions on behalf of the State. In order to ensure that the rule of law is preserved, the Public Prosecutor is an essential part of the criminal justice system.

The following are some of the obligations and duties of the Public Prosecutor:

Criminal proceedings: The Public Prosecutor is in charge of initiating and carrying out criminal proceedings on the State’s behalf. Investigating and acquiring evidence, speaking with witnesses, and presenting evidence in court are all included in this. The Public Prosecutor is responsible for making sure that the court receives all the evidence required to prove the accused’s guilt. The rights of the accused must also be upheld throughout the procedures, according to the Public Prosecutor.

Representing the State: In criminal proceedings, the State is represented by the Public Prosecutor. The Public Prosecutor represents the State by presenting evidence, questioning witnesses, and making arguments. The Public Prosecutor is responsible for making sure the court is properly informed of all the relevant details. The Public Prosecutor must also see to it that the victim’s rights are upheld.

Supporting the Court: By offering legal counsel and advice, the Public Prosecutor supports the court. Making ensuring the court is properly aware of all the case’s legal ramifications is the Public Prosecutor’s responsibility. The Public Prosecutor aids the court in rendering judgments in legal matters. The public prosecutor is responsible for ensuring that the facts are used in the court’s decisions..

  1. Ensure justice is served: The Public Prosecutor’s essential duty is to make sure justice is done. Therefore, the Public Prosecutor is responsible for making sure that the guilty are held accountable and that the innocent are shielded. The victim’s rights must also be upheld, according to the public prosecutor. The interests of justice must come first, and the public prosecutor must make sure that justice is carried out in a fair and impartial manner.

 

  1. Appearing in appeals: In appeals against convictions and exonerations, the Public Prosecutor also makes an appearance. In appeals, the Public Prosecutor’s job is to support the conviction or acquittal and make sure that justice is done. The Public Prosecutor is responsible for making sure the court is properly informed of all the relevant details. 

The Public Prosecutor is essential to the effective operation of the criminal justice system. The Public Prosecutor must work closely with the police, the judiciary, and other stakeholders to ensure that justice is delivered. The Public Prosecutor is responsible for making sure that all necessary information is gathered during the police investigation and that it is done completely. Additionally, the Public Prosecutor must make sure that the court’s rulings are supported by the facts and circumstances of each case and consistent with the rules of justice.

Additionally, the Public Prosecutor is responsible for ensuring the impartiality and fairness of the trial proceedings. The public prosecutor is responsible for making sure that the accused’s rights are upheld throughout the trial and that it is run fairly and impartially. The public prosecutor must also see to it that the rights of the victim are upheld and that the interests of justice come first.

In conclusion, the Public Prosecutor plays a crucial role in the criminal justice system. As an official of the court, the Public Prosecutor makes sure that the trial is handled fairly and justly. They stand in for the State and make sure that the guilty are brought to justice while guarding against the wrongfully convicting the innocent. They bear a heavy burden, and they play a crucial part in preserving the integrity of the criminal justice system.

The Public Prosecutor’s role begins at the very first step of a case, which is the investigative stage. They guarantee that the investigation is carried out fairly and impartially and offer legal counsel to the investigating agency. Additionally, they are in charge of questioning the witnesses and presenting the evidence in court. They serve as a conduit between the court and the investigating agency, ensuring that the investigation is carried out within the bounds of the law.

The Public Prosecutor is also in charge of making sure that the trial is handled in a reasonable and fair manner. They conduct witness cross-examinations, present evidence, and guarantee that the defendant receives a fair trial. They oversee guaranteeing the admissibility and relevance of the evidence offered in court.

After the trial is over, the Public Prosecutor’s job is not done. They are also in charge of making sure that the sentence the court imposes is fair and appropriate. If they feel that the punishment is insufficient or excessive for the offence that was done, they may appeal it.After the trial is over, the Public Prosecutor’s job is not done. They are also in charge of making sure that the sentence the court imposes is fair and appropriate. If they feel that the punishment is insufficient or excessive for the offence that was done, they may appeal it.

In conclusion, the role of the public prosecutor in the criminal justice system cannot be understated. They are in charge of making sure the proceedings are fair and just, that the guilty are brought to justice, and that the innocent are not wrongfully convicted. They play a crucial role in preserving the integrity of the criminal justice system, and it is up to them to see that justice is done.

References:

  1. The Code of Criminal Procedure, 1973.
  2. The Constitution of India.
  3. P.S.A. Pillai’s Criminal Law.
  4. Ratanlal & Dhirajlal’s The Code of Criminal Procedure.
  5. Vepa P. Sarathi’s Law of Criminal Procedure.
  6. K.N. Chandrasekharan Pillai’s Criminal Procedure Code.

 

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