“Law Master’s Publications

‘Officers Under the Code’

Prof. S. D. Bhosale

(..4..)

OFFICERS UNDER THE CODE

QUESTION BANK

1) Explain the provisions of the Criminal Procedure Code relating to the Public

Prosecutor and Assistant Public Prosecutor.

SHORT NOTES

1). Power and functions of Public Prosecutor.

2) Assistant Public Prosecutor.

SYNOPSIS

1) The Police-

2) Public Prosecutor-

(A)

Appointment (S.24)-

i) In the High Court-

ii) For Every District-

Qualification-

Powers (S.225):

Duties-

Assistant Public Prosecutor (S.25) -

3) Defense Counsel-

4) The Courts.

1) The Police:-

The police force is established under the Police Act of 1861 in every state.

Different states have passed their own Police Acts, replacing the earlier Central Act.

Thus, the Maharashtra Bombay Police Act of 1952 was passed. Prevention and detection

of crime is the important function of the police force. The Inspector-General of Police is

“Law Master’s Publications

‘Officers Under the Code’

Prof. S. D. Bhosale

in charge of the overall administrative function of police in the state. In every district, the

administration of police is vested in the District Superintendent of Police. However, the

District Superintendent of Police acts under the general control and direction of the

District Magistrate (i.e., Collector).

2) Public Prosecutor:-

The Public Prosecutor is the council of the Government. He conducts prosecution

on behalf of the Central or State Government. As has already been discussed, crime is

wrong not only against the individual victim but against the whole society, i.e., the State.

Therefore, instead of the victim, the state prosecutes the accused. Therefore, instead of

the victim, one party is the state, and another is the accused. Therefore, public

prosecutors conduct cases on behalf of the State.

However, the Court may permit the victim to engage an advocate of his choice to

assist the prosecution (newly inserted by the Criminal Procedure Code (Amendment) Act,

2008).

S.2 (u) of the Code defines “Public Prosecutor” as “any person appointed under

S.24 of the Code and includes any person acting under the direction of a Public

Prosecutor.”

(A)

Appointment (S.24):-

The Central Government and each State Government in India have the power to

appoint prosecutors to conduct prosecution and other criminal proceedings on their behalf

in the High Court, Session Court, or the Court of Magistrate.

In the High Court:-

For every High Court, the Central or the State Government shall (after

consultation with the High Court) appoint a Public Prosecutor. It may also appoint one or

more Additional Public Prosecutors to conduct the prosecution, appeal, or other

proceedings on behalf of such Government. Such appointment shall be made after

consultation with the High Court. In addition, the central or state government can also

appoint a person as a special public prosecutor to conduct any particular case or class of

cases.

ii)

For Every District:-

The state government can appoint a public prosecutor and one or more additional

public Prosecutors for every district. Such appointment can only be made from the panel

of names of the persons prepared by the District Magistrate in consultation with the

District Judge.

Qualification:-

To be appointed as a Public Prosecutor or an Additional Public Prosecutor, the

“Law Master’s Publications

‘Officers Under the Code’

Prof. S. D. Bhosale

person must have been in practice as an advocate for at least seven years. However, for

the appointment as a Special Public Prosecutor, the person must have been in practice as

an Advocate for at least ten years.

Powers (S.225):-

In criminal cases, the state is one of the parties (not in the private

complaint), and the Public Prosecutor prosecutes on behalf of the State government. The

state government is the party in criminal proceedings because the offence is treated as

against public peace (against society at large).

He can withdraw any prosecution in certain circumstances (S.321).

Duties:-

In every trial before a Court of Session, the prosecution should be conducted by a

Public Prosecutor. However, no specific provision has been made in the Code for the

conduct of trial before the Magistrate. The trial before the Magistrate in the cases

initiated on the police report, the prosecution is to be conducted by the Assistant

Prosecutor. However, where cases before the Magistrate are initiated on a private

complaint, the prosecution is conducted by the complainant himself (or his counsel).

However, in cases where public interest is initiated in a private complaint, even the state

can appoint a prosecutor.

A Public Prosecutor in charge of a case may appear and plead before the Court

without written authority from the Government. Similarly, permission from the

Magistrate is also not necessary in such cases. A Public Prosecutor is an officer of the

Court. It is his duty to plead fairly, justly, and impartially. It is not his duty to get accused

or convicted at any cost.

Assistant Public Prosecutor (S.25):-

The State Government in every district or the central government may appoint one

or more Assistant Public Procurators to conduct prosecutions in the Courts of

Magistrates.

No police officer is eligible to be appointed as a public prosecutor. However, in a

case where the public prosecutor is not available for the purpose of any particular case,

the District Magistrate may appoint any other person, including a police officer, as a

Public Prosecutor to conduct the prosecution. Such a police officer should not be below

the rank of a police inspector and should not have taken part in the investigation (for

which he is appointed as Additional Public Prosecutor).

3) Defense Counsel:-

Every accused has the right to consult and to be defended by a legal practitioner of

his choice. Art. 22 (1) of the Constitution and S. 303 of the Code guarantees the right to

“Law Master’s Publications

‘Officers Under the Code’

Prof. S. D. Bhosale

be defended by a legal practitioner of his choice. To make this right more meaningful, the

State provides a pleader for his defence at its own expense if the accused is indigent and

unable to provide a pleader (S. 304 of the Coder).

4) The Courts:-

(Discussed in detail the topic of the Constitution of the Criminal Court and

offices).

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