prosecutor

The Public Prosecutor is appointed by the Central or State Government to conduct prosecutions, appeals and other proceedings on behalf of the State. Assistant Public Prosecutors appear before magistrates. Police officers may not act as prosecutors in the case they investigated, to keep prosecution independent of investigation.

The prosecutor is an officer of the court, not a mouthpiece of the police. His duty is to place all the evidence fairly before the court, including material favourable to the accused, not to secure a conviction at any cost. A private lawyer engaged by the victim may assist the prosecutor and, with leave, file written arguments, but the conduct of the case remains with the prosecutor.

Example

The prosecutor applied for withdrawal from prosecution, but the court had to consider independently whether it served the public interest.

In Indian law

• s.18 BNSS (old s.24 CrPC): Public Prosecutors
• s.360 BNSS (old s.321 CrPC): withdrawal from prosecution

See also

prosecution · trial · accused

Read more in the study notes

• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• Transfer of criminal cases (Bharatiya Nagarik Suraksha Sanhita)