Write a short note on Public Prosecutor

Question: Write a short note on Public Prosecutor [R.J.S. 1984]

Find the answer to the mains question only on Legal Bites. [Write a short note on Public Prosecutor.]

Answer

In this justice delivery system, the person which represents the state is known as a “Public Prosecutor”. He acts as an agent of the state and represents the common interest of society.

The term Public Prosecutor is given under section 2(u) of the Criminal Procedure Code (CrPC). It states that a person appointed under Section 24 of the CrPC will be known as a public prosecutor. Section 24 of the Criminal procedure code empowers the central government and the state government to appoint public prosecutors for their respective jurisdictions.

As per section 24 of the Criminal Procedure code, mainly 3 types of prosecutors are appointed.

1. A prosecutor or additional prosecutors appointment by the central or the state government for a particular High Court
2. A prosecutor is appointed by the central government with the sole purpose of conducting any case or any proceedings in a local area.
3. A prosecutor appointed by the state government for every district falling under its territorial limit.

Section 24 of Cr. P.C talks about the appointment of Public Prosecutors in the District Court and High Court by the state government and central government respectively.

1. 1. Sub-section 3 states that the Public Prosecutor needs to be appointed for each district and may also appoint an Additional Public Prosecutor.
   2. Sub-section 4 states that the District Magistrate in consultation with the Session judge needs to prepare a panel of names that are considered as fit for such an appointment.
   3. Sub-section 5 states that the person can’t be appointed as a Public Prosecutor or Additional Public Prosecutor by the State Government in a district unless his names are on the panel prepared under sub-section 4.
   4. Sub-section 6 explains that in a case where a state has a local cadre of prosecuting officers, but there is no suitable person in such cadre for an appointment the appointment must be made from the panel prepared under sub-section 4.
   5. Sub-section 7 states that a person can be appointed as Public Prosecutor only after he has been practicing enters as an advocate for a minimum period of 7 years.

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