A crime is a wrong not only against the individual victim but also against the State. Therefore, the State takes upon itself, at least in case of serious offences, the responsibility of prosecuting the accused person. The Central Government and each State Government have power to appoint prosecutors for conducting prosecutions and other criminal proceedings on their behalf in the High Court, Sessions Court or the Court of Magistrate. It has been specifically provided that in every trial before a Session Court, the prosecution shall be conducted by a Public Prosecutor. However, no specific provision has made in the Code in respect of the conduct of prosecution in the Courts of Magistrate.
According to the prevailing practice, in respect of cases initiated on police report, the prosecution is conducted by the Assistant Public Prosecutor (APP) and in cases initiated on a private complaint, the prosecution is either conducted by the complainant himself or by his duly authorized counsel. In such cases also, the State can appoint prosecutors if the cause has public interest. The Public Prosecutor or the APP in charge of a case may appear and plead without any written authority before any court in which that case is dealt with. Further, it has been provided that the Advocate General or Government Advocate or a Public Prosecutor or the APP shall have right to conduct prosecution and that in such a case, no permission of the Magistrate for conducting the prosecution would be necessary. The effect of these provisions seems to be that the Public Prosecutor or the APP can intervene and assume the charge of the prosecution even in a case initiated on a private complaint. Where a criminal case is transferred from one State to another, it has been held that the appropriate prosecuting State is the transferee State and, therefore, the transferor State cannot appoint Public Prosecutor/Special Public Prosecutor either for trial or appellate proceedings in K. Anbazhagan v. State of Karnataka.
Reference:
- Criminal Procedure – R.V.Kelkhar – Eastern Book House
- www.britannica.com
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com
In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.