Code
(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
STATE AMENDMENT
West Bengal
For sub-section (1) of section 301 of the principal Act, the following sub-sections shall be substituted:–
“(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry or trial.”.
[Vide West Bengal Act 26 of 1990, s. 4.]
Explanation
This section mandates the appearance of Public Prosecutors in all criminal proceedings before a Magistrate or a Court. The Public Prosecutor is responsible for representing the state and ensuring that justice is served in criminal matters.
Key aspects of Section 301:
- Duty to appear: The Public Prosecutor is legally obligated to appear in all criminal cases.
- Representation of the State: The Public Prosecutor acts on behalf of the state and conducts the prosecution in criminal cases.
- Exception: The Public Prosecutor can be excused from appearing if the Court deems it unnecessary.
Illustration
Consider a case where a person is accused of theft. The Public Prosecutor, representing the state, will appear in court to present evidence against the accused, argue the case, and seek a conviction if the evidence supports it.
Common Questions & Answers
Q: Who can be appointed as a Public Prosecutor?
A: The Public Prosecutor is typically appointed by the state government, and they must be a qualified lawyer.
Q: Can a Public Prosecutor be replaced during a trial?
A: Yes, the Public Prosecutor can be replaced if necessary, but this requires the Court’s approval.
Q: What happens if the Public Prosecutor is absent?
A: The Court can either adjourn the proceedings or appoint another lawyer to represent the state.
