prosecution

In India, crime is treated as a wrong against society, so prosecution is conducted by the State, usually through a Public Prosecutor in the Court of Session and an Assistant Public Prosecutor before magistrates. In complaint cases, the complainant may conduct the prosecution with the court's permission. The prosecution must prove its case beyond reasonable doubt.

“Prosecution” also names the process itself, from cognizance to judgment, and courts speak of “sanction for prosecution” required for public servants. Malicious prosecution is a tort when proceedings are started without reasonable cause and with malice and end in the accused's favour.

Example

The prosecution failed to examine the independent witnesses named in the FIR, which weakened its case.

In Indian law

• ss.18 and 19 BNSS (old ss.24 and 25 CrPC): Public Prosecutors and Assistant Public Prosecutors
• s.218 BNSS (old s.197 CrPC): sanction for prosecution of public servants

See also

prosecutor · malicious prosecution · trial · burden of proof

Read more in the study notes

• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• The Mediation Act, 2023: scheme, enforcement and status (Alternative Dispute Resolution Systems)
• Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)