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

The Public Prosecutor is an essential figure in the Indian criminal justice system. The Public Prosecutor represents the State in criminal proceedings and is responsible for prosecuting offenders. The role of the Public Prosecutor is to ensure that the criminal justice system functions smoothly and that justice is delivered to the victims of crime.

The Code of Criminal Procedure (CrPC) contains several provisions that are crucial for the functioning of the Public Prosecutor. In this article, we will discuss the important provisions listed under the CrPC that apply to the Public Prosecutor in India.

Role of the Public Prosecutor:

The Public Prosecutor has a vital role in the criminal justice system. The Public Prosecutor represents the State in criminal proceedings and is responsible for prosecuting offenders. The Public Prosecutor ensures that justice is delivered to the victims of crime and that the criminal justice system functions smoothly.

The Public Prosecutor plays a significant role in ensuring that the trial is fair and impartial. The Public Prosecutor has the responsibility to examine witnesses, cross-examine witnesses produced by the defence, and present the evidence before the court. The Public Prosecutor must present the case on behalf of the prosecution with due diligence and impartiality.

Appointment of the Public Prosecutor:

The appointment of the Public Prosecutor is crucial as the Public Prosecutor represents the State in criminal proceedings. Section 24 of the CrPC provides for the appointment of a Public Prosecutor by the State Government. The State Government may appoint one or more persons as Public Prosecutors for a district or a group of districts.

The appointment of the Public Prosecutor must be done impartially and without any political influence. The Public Prosecutor must be appointed on the basis of merit and experience. The Public Prosecutor must be a person who is committed to ensuring that justice is delivered to the victims of crime.

Powers and Duties of the Public Prosecutor:

The Public Prosecutor has several powers and duties under the CrPC. The following are some of the important provisions listed under the CrPC that apply to the Public Prosecutor:

1. Section 225: Power of Public Prosecutor to Conduct Prosecutions

Section 225 of the CrPC provides the Public Prosecutor with the power to conduct all prosecutions instituted on behalf of the State. The Public Prosecutor has the authority to conduct the prosecution in all cases, including cases that are investigated by the police and cases that are instituted on a private complaint.

The Public Prosecutor must ensure that the prosecution is conducted impartially and without any bias. The Public Prosecutor must examine all witnesses and present all evidence before the court. The Public Prosecutor must also ensure that the prosecution is conducted efficiently and without any delay.

1. Section 226: Conduct of Prosecution by Assistant Public Prosecutor

Section 226 of the CrPC provides for the conduct of prosecution by Assistant Public Prosecutors. The Assistant Public Prosecutor is appointed by the State Government to assist the Public Prosecutor in the discharge of his duties. The Assistant Public Prosecutor can conduct the prosecution with the permission of the Public Prosecutor.

The Assistant Public Prosecutor must work under the supervision of the Public Prosecutor. The Assistant Public Prosecutor must ensure that the prosecution is conducted impartially and without any bias. The Assistant Public Prosecutor must also ensure that the prosecution is conducted efficiently and without any delay.

1. Section 227: Discharge of Accused if No Case is Made Out

Section 227 of the CrPC provides that if, upon consideration of the record of the case and the documents submitted, the judge finds that no case is made out against the accused, the judge shall discharge the accused. The Public Prosecutor has the responsibility to present evidence and argue before the court to prove that a case is made out against the accused.

The Public Prosecutor must ensure that the prosecution is conducted impartially and without any bias. The Public Prosecutor must examine all witnesses and present all evidence before the court. 

1. Section 301: Appearance by Public Prosecutor

Section 301 of the CrPC provides that the Public Prosecutor has the right to appear and plead in any criminal proceedings. The Public Prosecutor can appear and plead for the prosecution at any stage of the proceedings before any court in which such proceedings are being conducted.

The Public Prosecutor must ensure that the prosecution is conducted impartially and without any bias. The Public Prosecutor must examine all witnesses and present all evidence before the court. The Public Prosecutor must also ensure that the prosecution is conducted efficiently and without any delay.

1. Section 321: Withdrawal from Prosecution

Section 321 of the CrPC provides that the Public Prosecutor may, with the consent of the court, withdraw from the prosecution of any person. The Public Prosecutor may withdraw from the prosecution for reasons such as the absence of sufficient evidence or on the ground of public interest.

The Public Prosecutor must ensure that the withdrawal from the prosecution is done in the interest of justice. The Public Prosecutor must present the reasons for the withdrawal before the court and seek the consent of the court.

Conclusion:

In conclusion, the Public Prosecutor plays a crucial role in the criminal justice system in India. The Public Prosecutor represents the State in criminal proceedings and is responsible for prosecuting offenders. The Code of Criminal Procedure (CrPC) contains several provisions that are crucial for the functioning of the Public Prosecutor.

The Public Prosecutor must ensure that justice is delivered to the victims of crime and that the criminal justice system functions smoothly. The appointment of the Public Prosecutor must be done impartially and without any political influence. The Public Prosecutor must be appointed on the basis of merit and experience.

The Public Prosecutor has several powers and duties under the CrPC. The Public Prosecutor must ensure that the prosecution is conducted impartially and without any bias. The Public Prosecutor must examine all witnesses and present all evidence before the court. The Public Prosecutor must also ensure that the prosecution is conducted efficiently and without any delay.

References:

1. The Code of Criminal Procedure, 1973.
2. The Constitution of India, 1950.
3. Indian Evidence Act, 1872.
4. Supreme Court of India judgments on the role of the Public Prosecutor

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