Edusquad - Current Affairs | Latest Jobs | Goverment Jobs | Sarkari Naukri |

Edusquad is an education platform that provides high quality educational videos and study material for various exams like UPSC, PPSC, SSC etc.

Public Prosecutors

Section 24: Public Prosecutors

For every High Court, the central government or the state government shall after consultation with the high court, appoint a Public Prosecutor and may also appoint One or more additional Public Prosecutors, for conducting in such court, any prosecution, appeal or other proceedings on behalf of the central government or State Government, as the case may be.

The central government may appoint one or more public prosecutors, For the purpose of conducting any case or class of cases in any district local area.

For every district, the state government shall appoint a public prosecutor and may also appoint one or more additional Public Prosecutor for the district.

The district magistrate shall, in consultation with the sessions judge prepare a panel of names of persons who are, in his opinion, fit to be appointed as public prosecutors or additional Public Prosecutors for the district.

No person shall be appointed by the state government as the public prosecutor or additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the district magistrate under sub-section(4).

Notwithstanding anything contained in sub-section (5), where, in a state there exists a regular cadre of prosecuting officers, the state government shall appoint a public prosecutor or an additional Public Prosecutor only from among the persons constituting such Cadre:  

Provided that where, in the opinion of the state government, no suitable person is available in such Cadre for such appointment that government may appoint a person as Public Prosecutor or additional Public Prosecutor, as the case may be, from the panel of names prepared by the district magistrate, under sub-section(4).

A person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor under sub-section(1) or sub- section(2) or sub-section(3)  or sub-section (6), only if he has been in practice as an advocate for Not less than 7 years.

The central government or the state government may appoint, for the purposes of any case for class of cases, a person who has been in practice as an advocate for not less than 10 years as a special Public Prosecutor.

For the purposes of sub-section(7) and sub-Section(8), the period during which a person has been in practice as a pleader, or has rendered [weather before or after the commencement of the criminal procedure code]  service as a public prosecutor or as an additional Public Prosecutor or Assistant Public Prosecutor or other prosecuting officer, By whatever name called, shall be Deemed to be the period during which such person has been in practice as an advocate. 

Who is public prosecutor?

Public Prosecutor is a person that has been appointed either by the central Government or the State government to represent cases on behalf of the State in criminal trials. The main role of the public prosecutor is to serve the ends of justice in the best interests of the public. The work of public prosecutor begins once the police have done its investigation and filed the charge sheet in the court. The public prosecutor is expected to act impartially and present all the facts of the case, documents, and evidence so as to assist the court in arriving at a correct judgement.

What does a public prosecutor do?

The police carry out criminal investigations. They collect evidence, interview witnesses and victims, and arrest and question suspects. ... Throughout the process the public prosecutor ensures that the police follow all the rules and procedures laid down by law and take account of all relevant information.

Who appoints the public Prosecutor?

The public prosecutor for the high court shall be appointed by the central government or the state government after consultation with the high court. For the districts, the state government appoints the district public prosecutor.

Removal of the public Prosecutor:

Authority or jurisdiction to recommend the removal of the Public Prosecutor working in the district. It is contended that ... State Government only who can remove a Public Prosecutor in consultation with the District Judge and District Magistrate.

No comments:

Post a Comment