Prosecutor(Introduction)

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:

  1. Criminal Procedure – R.V.Kelkhar – Eastern Book House
  2. http://www.britannica.com

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