PUBLIC PROSECUTOR

A Public Prosecutor is considered an agent of the state to represent the interest of common people in the criminal justice system. The Public Prosecutor is defined in Section 24 of Cr.PC. They serve as the basic principle of Rule of Law i.e auld alteram partem (no person shall be condemned unheard).

ROLE OF PUBLIC PROSECUTOR 

1. INVESTIGATION PROCESS

• To make an appearance in Court and obtain an arrest warrant

• To obtain search warrants for conducting a search in specified premises

• To obtain police custody remand for interrogation (including custodial interrogation) of the accused

• To initiate a proceeding for the declaration of the non-traceable offender as the proclaimed offender

• To record the evidence of accused in the police report regarding the advisability of the prosecutions

2.  DURING TRIAL

-Sentencing-

When the accused is found guilty, the public prosecutor and defence attorney further debate the appropriate penalty level. Considering the facts, the circumstances of the case, and the seriousness of the offence, the Public Prosecutor may now make an argument for an appropriate sentence. It assists the judge in making a wise choice

 

-To conduct a speedy trial-

The right to a speedy trial is a fundamental right and is implicitly guaranteed in Article 21 of the Indian Constitution, which declares, "Right to life and personal liberty." 
It is the duty of the prosecutors to call all the witnesses whose evidence is required to resolve the case. To cross-examine the witness and to see that no witness if left unexamined. To produce all the necessary documents.