Section 24 CrPC: Public Prosecutors in India’s Code of Criminal Procedure
1. Code:
Section 24 of the Code of Criminal Procedure, 1973 deals with the appointment and powers of Public Prosecutors.
2. Explanation:
This section empowers the State Government to appoint Public Prosecutors for various courts and tribunals. The Public Prosecutor is responsible for representing the State in criminal proceedings. Their duties include:
- Conducting prosecutions on behalf of the State.
- Presenting evidence and arguments in court.
- Advising the police and other authorities on legal matters related to criminal cases.
- Representing the State in appeals and revisions.
3. Illustration:
Imagine a case where a person is accused of theft. The police investigate the case and file a charge sheet against the accused. The Public Prosecutor appointed by the State Government will then represent the State in the court proceedings against the accused. They will present evidence, argue the case, and seek the conviction of the accused if they believe the evidence supports the charges.
4. Common Questions and Answers:
- Q: Who can be appointed as a Public Prosecutor?
A: A person qualified to practice as an advocate under the Advocates Act, 1961, can be appointed as a Public Prosecutor.
- Q: Can a Public Prosecutor be removed from office?
A: Yes, the State Government can remove a Public Prosecutor from office for reasons such as misconduct or inefficiency.
- Q: What are the powers of a Public Prosecutor?
A: Public Prosecutors have the power to conduct prosecutions, withdraw cases, and represent the State in appeals and revisions. They also have the power to issue legal notices and seek warrants.
