Public Prosecutor-an in-Depth Analysis

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Project- Code of Criminal Procedure
Topic-Public Prosecutors: An in-depth analysis

Authored by:
Devanshi Sharma

Table of Contents
1. Acknowledgement..........................................................................................................2 2. Introduction....................................................................................................................3 3. Appointment of public prosecutors..............................................................................5 4. State Amendments and Law Commission Reports...................................................9 5. Duties of Public Prosecutors........................................................................................14 * Cases reflecting the duties of public prosecutors

6. Public Prosecution: In need of reforms........................................................................17 7. Conclusion....................................................................................................................19

Acknowledgment
We deem it our utmost privilege to present this research paper on the topic of Public Prosecutors: An in-depth analysis. At the outset, we would like to express our deepest gratitude to the respected Director, Mr. Bimal Patel, Gujarat National Law University, for granting this wonderful opportunity to research for which we shall remain indebted forever. At this juncture, we would like to express our deepest gratitude to Ms. Soma Battacharjya, Assistant Professor of Law at the Gujarat National Law University, for her immense resourcefulness and precious guidance in the course of preparing this research paper. It is indeed impossible to forget to mention the names of everyone- friends, fellow students, resourceful bloggers and legal experts who have helped us formulate our ideas through stimulating discussions. Therefore, all in all, we take this opportunity to express our heartfelt gratitude to one and all under whose valuable support our crude brainwave has finally materialized into this cogent and coherent document.

Introduction
In organized societies, there is a public prosecution system to prosecute offenders who violate societal norms. The system in common law countries differs from that in the continental countries, but in both, this office is a centre of attraction, a power centre. It wields a lot of authority. It is the repository of the public power to initiate and withdraw prosecution. These powers are untrammeled in continental counties, where this office is called procurator. The word ‘procurator’ is derived from the Latin word procuro, which means ‘care, secure, protect’. Though the prosecutors in the common law countries do not carry these adulations, it appears the powers exercised by procurators are similarly understood to be available to the prosecutors in common law countries. However, many of the main powers are not available. In continental countries the procurator is looked upon as the strict eye of the state. He prohibits, punishes and prevents. The defence lawyer is viewed as defender. One of the procurator’s chief functions must be to protect citizens’ legitimate rights and interests with actions, not words, as prescribed by the law. The impression that the procurator is independent and impartial is accepted in the common law countries though in fact in these countries they may not be impartial. Even in the face of statutory provisions to the contrary, their traditional rights like nulle prosequi are accepted. Therefore, generally speaking, it could be said that the prosecution system in common law countries works within the statutory provisions in the context of traditional powers and duties attached to this office in continental countries. In India, the criminal justice system has four important components namely, the Investigating Agency (Police), the Judiciary, the Prosecution Wing and the Prison and Correctional Services. The police...
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