Integral Position Of Public Prosecutors In The Judicial System
Author: LawSphereX
Category: General Law
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INTEGRAL POSITION OF PUBLIC PROSECUTORS IN THE
JUDICIAL SYSTEM
Madhura Mazumdar, Symbiosis Law School Noida
ABSTRACT
Public Prosecutor is the pivotal component of a Criminal Justice system. This perspective strongly emphasizes promoting integrity and truthfulness, safeguarding the victims from unfair and unjust court procedures, and establishing a balance in societal standards. The legal system has various types of public prosecutors, each embedded with different responsibilities. Pretrial responsibilities involve collaboration with investigative agencies, filing lawsuits, aiding the court, interrogating witnesses, obtaining settlements, and protecting the victim’s rights. Additionally, prosecutors can determine whether to prosecute; however, this choice needs fairness and the authorization of the court.
This paper highlights the openness accountability, and legal obedience to legal principles in order to improve trust among the public while highlighting the moral problems and political restrictions encountered by prosecutors. The prosecutorial functions of a country must be strengthened to ensure justice for all individuals and a robust and fair system of law enforcement.
INTRODUCTION
Public prosecutor is defined under Section 3011 of CrPC where any person who is appointed under section 242 and includes any person acting under their directions. The public prosecutors are the crucial participants in the criminal justice system of the country who are responsible to represent or plead in favour of the appellant also taken as prosecution in the court. Their duties are more than being a mere advocate as they constitute the personification and volition of the community while preserving justice and protecting personal liberties within the boundaries of rule of law. Such conception of public prosecution was originated to fulfil the twin objective of balancing individual liberties and prioritising the society. Initially, it aims to safeguard the needs of the community by providing fair and just practice of law to prosecute the accused.
Secondly, it seeks to defend the people who are charged with offences against unjustified legal proceedings and shielding them from burdensome disputes. Such an emergence is symptomatic of a trend towards greater expertise and independence. The separation of prosecutors from the control of the investigative agencies that was formerly entwined with criminal justice emphasizes the importance of having a sole discretion in their duties. This detachment reinforces the belief that prosecutors are the defenders of justice and equitable by encouraging fairness and honesty in pursuing the cause of justice. They have a specialised function which is characterised by strict authorization and a dedication to procedural justice.
The public prosecutors maintain the complexity of criminal proceedings by using the judicial system as an anchor ensuring legal adherence and preserving the reliability of the legal community. They have a vital role being the agents of justice including maintaining an equilibrium between the rights of the accused with the interest of the society upholding the principles of fair, just and impartial criminal justice system. Types of prosecutors in the criminal justice system: a. Public Prosecutor: These law officials are authorized by the state government who defends the victim through State in criminal cases in the trial. They are accountable to start the prosecution and constitute cross-examination of witnesses. The burden of proof is on them.
1 Code of Criminal Procedure Act, 1973, § 301, No. 02, Acts of Parliament, 1973 (India).
2 Code of Criminal Procedure Act, 1973, § 24, No. 02, Acts of Parliament, 1973 (India).
b. Additional Public Prosecutor: Their task is to assist the main public prosecutor in executing and supervising the cases which are entrusted to them. Similarly, they are prevalent in the trial court doing the necessary duties and briefing their senior in the court. c. Special Public Prosecutor: In case of any complicated and widespread notable cases concerning politicians, public servants or industrialists in matters of terrorism, corruption or fiscal crimes, government appoints certain prosecutors who have a specialized insight on the particular topic where their expertise would be highly valuable to the State. d.
Standing Counsel for Central Government: These attorneys are appointed by the central government to defend them in criminal cases in several high courts and the Supreme Court in issues affecting the nation, the ministries or departments wherein violating the central legislations. e. Standing Counsel for State Government: They are appointed by the state government to defend them in criminal cases in several high courts and the Supreme Court in issues affecting the state and its departments wherein violating the state legislations. They also practice in the district courts depending on case to case. Prosecution Wing: The burden of prosecuting the cases in the legal system is carried by the State considering itself to be the parens patriae.
The team of public prosecutors were generated for handling matters at multiple levels, ranging from lower courts to the High Court especially in the Court of Session. The prosecution additionally has to start the case by summarizing the allegations and providing the proof that the accused is convicted of. They have a fundamental duty for refusing to withhold any relevant information or significant details. 3 The responsibilities of prosecutors in the pre-trial stage prosecutor is provided below4: a. Co-ordinating with Investigating Agencies: The prosecutors have to work in harmony with the law enforcement guarantying full and efficient collaboration to get all the necessary details pertaining to the case including FIRs, police reports and other case details.
After the separation of prosecutors from police, they are not informed sufficiently though it is very necessary for the case to run. b. Commencement and Conduction of the Legal Proceedings: They are accountable to access the necessary information gathered by the police and judge whether they have a valid ground to charge the accused. They also entail examining the particulars aligning to the case satisfying the conditions set forth by the statute. To pursue further prosecution and prove the liability, they have to cross examine the witness following all the procedural guidelines and principles. c. Provide Assistance to the Court: In most of the trial courts, they aid by providing the clear structure of proceeding.
They facilitate the proceedings peacefully and provides an equitable conduct by assisting the judge in comprehending the facts and interpreting convoluted legal problems ensuring everything runs in a fair way. d. Examination of Witness: Prosecutors have to interrogate the testimonies of witness who have been summoned to testify their statements in front of the judge of either party to corroborate their case and contradict the opponent’s case. They attempt to obtain pertinent details and supplementary facts that strengthens their argument by professionally asking critical questions. e.
Settlement of the Case: Under certain circumstances when victim party wants to accelerate the proceedings and settle the proceedings, prosecutors negotiate the plea agreements with the defence lawyers, weighing on the priorities of the concerned party while taking the limiting factors into account and then discussing the possible settlement ideas. f. Preserving the Rights of Victim: Throughout the entire trial, they represent and try to preserve the interest and rights of the victim that has been violated while guarantying
4 Kelkar RV. Lectures on Criminal Procedure Fourth Edition, Eastern Book Company, 2012.
their involvement in the process, assisting since the inception. g. Maintaining the Interests of Justice: Their primary responsibility is to uphold the rule of law and protect the integrity of judicial system. In order to achieve that they must strike an agreement between their legal advocacy duty and the ideals of justice and equity while acting ethically, without any prejudice, and with regard of their constitutional liberties. In Babu v. State of Kerela5, the public prosecutor is considered to be the representative of a fair judicial system and it is their duty to support the government in upholding the law. Their obligation is to provide the judge with all relevant case facts, give sentencing mostly in such cases where the circumstance is not clear enough to satisfy with the requirements. Kumari Srilekha Vidhyarthi v. State of U. P.
and Ors6, Section 321 of CrPC establishes that the power and operations of the prosecutor should adhere to the idea of assisting the execution of justice and law. Their obligation in this instance is to promote the benefit of society and act only to advance the execution of truth. Prosecutors and Withdrawal from Prosecution: Sheonandan Paswan v. State of Bihar7, the court stated it has played a minor part in approving the discontinuation of proceedings. The judgement of the prosecutor should be unbiased and based on the interests of the society and considering the morality. Such a decision should be made by the court in good faith. There are certain pointers pertaining the role of a prosecutor to withdraw from prosecution: a. The public prosecutor has the discretionary power to withdraw the prosecution. Section
3218 states exercising such discretion should be done before rendering the judgement.
Although here, having the consent of court for such withdrawal is a precondition. b. The court guarantees that such choice of withdrawal should be taken by the prosecutor impartially and focussing on preserving the justiciability. It is the obligation of the court
5 (1984) Cr. LJ 499 (Ker).
6 AIR 1991 SC 537.
7 (1987) 1 SCC 288.
8 Code of Criminal Procedure Act, 1973, § 321, No. 02, Acts of Parliament, 1973 (India).
to grant the permission when the prosecutor’s decision is unbiased and this decision may be the consequence of inadequate proof for investigating the matter more, whilst there are also additional potential causes. c. The legal system is reluctant to get involved when the decision by Prosecutor is made under bona-fide considerations and that remains unchanged by outer influences, especially from the authorities emphasizing the necessity of protecting the legal principles and protecting the integrity of prosecution system.
CONCLUSION
In a nutshell, it is impossible to underestimate the importance of the public prosecutor in the field of criminal law. The public prosecutor has a crucial position stipulated by legislation who is in charge of advocating for the state in criminal matters. But it is essential to understand that they maintain a public position and is tasked with a severe obligation of delivering justice in a neutral and autonomous manner. The justice system has appropriately stressed the value of prosecutors, especially their fair and independent way of conduct amidst of obstacles and political meddling. The prosecutor must firmly adhere to the quest of the truth and equity while abstaining from any conduct that can jeopardize the reliability of the judicial system.
The development of openness, responsibility and monitoring systems is essential to ensure the compliance of ethical norms and the upholding public confidence in the criminal justice system. The operation of the legal system has intrinsic ethical difficulties which have to be recognized and successfully handled. The main resolution behind this is that no one should undermine the legal system as they aren’t allowed to overthrow the rule of law. No citizen should have this conception that availing justice is hard or only powerful and rich people have the right to it. India can strengthen the justice system by improving its equity and efficiency by setting the greatest emphasis on upholding ethical and legal norms.
Additionally, enhancing the function of government prosecutors would improve the confidence and trust of the public on the criminal justice system making it more resilient and egalitarian.