Prosecutor IN CRL.

Justice system
In India, we have a Public Prosecutor who acts in accordance with the directions of the
judge. The control of a criminal trial is in the hands of the trial judge. Investigation is the
prerogative ofthe police. The decision to prosecute is a function attributed to the procurator
in all Indian Sub-continental countries. It is taken in India by the magistrate on the report
submitted by the police.
It is generally believed that traditional right of nulle prosequi is available to the prosecutor
but in a case of withdrawal of prosecution, (nulle prosequi) if the prosecutor makes
anindependent decision to withdraw a case then the court should accept this and permit
withdrawalunder section 321 of the Criminal Procedure Code (CrPC).
Public prosecutor is defined in Section 2(u) of the Code as „any person appointed under
section24 and includes any person acting under the direction of the Public Prosecutor. Thus
a specialPublic Prosecutor also would be a Public Prosecutor in respect of a particular case
or a class ofcases for which he is appointed. The powers conferred on Public Prosecutor are
seemingly sowide and unfettered that parliament reposed confidence of great magnitude in
the office of thePublic Prosecutor. Thus special status and position as well as great powers
have been conferredon the office of the Public Prosecutor.In
B ab u v. S t a t e o f K e r al a

it is held that Public Prosecutors are really ministers of justice

whose job is none other than assisting the state in the administration of justice. They are notr
epresentatives of any parties. Their job is to assist the court by placing before the court all
therelevant materials.Section 24 of the CrPC provides for appointment of public prosecutors
in the High Courts andthe district by the Central government or
State government.Subsection 3- lays down that for every district, the state government shall
appoint a
public prosecutor and may also appoint one or more additional public prosecutors for the dis
trict.Subsection 4- requires the district magistrate to prepare a panel of names of persons
consideredfit for such appointment, in consultation with the sessions judge.Subsection 5-
contains an embargo against appointment of any person as the public prosecutor oradditional
public prosecutor in the district by the state government unless his name appears in the panel
prepared under subsection 4.

ROLE OF A PUBLIC PROSECUTOR IN INVESTIGATIONS.

THE ROLE OF A PUBLIC PROSECUTOR DURING TRIALS.
ROLE INPLEA BARGAINING.
PUBLIC PROSECUTION AND SENTENCING.

importance of subject of administration of criminal justice

system
Criminal Justice is the system of practices and institutions of governments directed at
upholding social control, deterring and mitigating crime, or sanctioning those who violate
laws with criminal penalties and rehabilitation efforts. Criminal justice is also a field of
study. The criminal justice system is the set of agencies and processes established by
governments to control crime and impose penalties on those who violate laws.
The system of law enforcement that is directly involved in apprehending, prosecuting,
defending, sentencing, and punishing those who are suspected or convicted of criminal
offenses. ... 'Far from ministerial, rules of evidence and criminal procedure are at the core of
any criminal justice system.'
The criminal justice process is designed to provide justice and protection for every member
of society through the conviction, punishment, and rehabilitation of the guilty. ... Steps in
the criminal justice process include the investigation and arrest, pretrial activities,
adjudication, sentencing, and corrections. Without the law enforcement branch of the
criminal justice system, each person would need to enforce the laws around them. This, of
course, brings up many problems such as differing interpretations of laws, personal bias,
making emotional decisions and the physically weak being vulnerable to the strong

development of administration of criminal justice system

The development of both Criminal and civil Legal systems in india dateb a ck t o
t he an ci en t p e ri od t o a l an d t h at w as ru l ed b y v a ri o u s ki n g s o f India right
from 3000 B.C.E to 1001 C.E and beyond. This country had a si m i l a r s ys t em
o f l aw f or w el l ov er 40 00 ye a r s. No ot h e r co unt r y i n t h e world can claim such
a credit and even though this land was divided into hundreds of small political kingdoms the
law of the land called Neethi and Dharma given by the great Hindu law giver Manu were
common or similar in nature.
Criminal Justice in the Mughal Period.
Fallacies of the Muslim Criminal system.
Criminal Justice in the British Period.
Reforms of 1772.
Reforms of 1790-93.
Reforms of 1797.
Further reforms: 1807-1832.
The Codification of the Laws.
The Modern Criminal System
Presumption of innocence
Whether accused is innocent or offender is decided on the basis of evidence available in the
case. Accused can be convicted even if the evidence is not against him. Normally it is
believed that he is innocent unless a crime is proved against a person or accused and during
this process accused cannot be denied the rights of individual freedom given to him under
the Constitution of India and also human rights. The Supreme Court and different High
Courts in this respect have given several decisions. The thought that accused is innocent till
the offence is proved is always in the minds of the court.
Section-101 of Indian Evidence Act- 1872
Section-103 of Indian Evidence Act- 1872
Article- 20(1) and 20(3) of Indian constitution
Article- 21 of Indian constitution
K. Jospeh Auguthi Vs. Narayanan AIR 1964 SC 1552
P.N. Krishanlal Vs. Government of kerla 1995 SCCCri 466
Exception to principle of innocence
S-5 of TADA
S-10C ESSENTIAL COMMODITIES ACT-1955
S-19 FOOD ADULTRATIONACT 1954
S-59 FERA-1973
S-35 NDPS ACT Etc.

Procedure Established by Law vs Due Process of Law

Article 21 in The Constitution Of India
21. Protection of life and personal liberty: No person shall be deprived of his life or
personal liberty except according to procedure established by law.
The term “procedure established by law” is used directly in the Indian constitution. Due
Process of Law has much wider significance, but it is not explicitly mentioned in Indian
Constitution. The due process doctrine is followed in the United States of America, and
Indian constitutional framers purposefully left that out. But in most of the recent judgments
Procedure Established by Law-
It means that a law that is duly enacted by the legislature or the concerned body is valid if it
has followed the correct procedure. Following this doctrine means that, a person can be
deprived of his life or personal liberty according to the procedure established by law. So,
if Parliament passes a law, then the life or personal liberty of a person can be taken off
according to the provisions and procedures of that law. This doctrine has a major flaw. What
is it? It does not seek whether the laws made by Parliament is fair, just and not arbitrary.
“Procedure established by law” means a law duly enacted is valid even if it’s contrary to
principles of justice and equity. Strictly following procedure established by law may raise
the risk of compromise to life and personal liberty of individuals due to unjust laws made by
the law-making authorities. It is to avoid this situation, SC stressed the importance of due
process of law.
Due Process of Law
Due process of law doctrine not only checks if there is a law to deprive the life and personal
liberty of a person but also see if the law made is fair, just and not arbitrary. If SC finds that
any law as not fair, it will declare it as null and void. This doctrine provides for more fair
treatment of individual rights.
Under due process, it is the legal requirement that the state must respect all of the legal
rights that are owed to a person and laws that states enact must confirm to the laws of the
land like – fairness, fundamental rights, liberty etc. It also gives the judiciary to access the
fundamental fairness, justice, and liberty of any legislation.
The difference in layman’s terms is as below: Due Process of Law = Procedure Established
by Law + The procedure should be fair and just and not arbitrary.
Change of situation in India: Maneka Gandhi vs Union of India case (1978)
In India, a liberal interpretation is made by judiciary after 1978 and it has tried to make the
term ‘Procedure established by law’ as synonymous with ‘Due process’ when it comes to
protecting individual rights. In Maneka Gandhi vs Union of India case (1978) SC held that –
‘Procedure established by law’ within the meaning of Article 21 must be ‘right and just and
fair’ and ‘not arbitrary, fanciful or oppressive’ otherwise, it would be no procedure at all and
the requirement of Article 21 would not be satisfied. Thus, the ‘procedure established by
law’ has acquired the same significance in India as the ‘due process of law’ clause in
America.
In Nand Lal v State of Punjab AIR 1981 SC 2041, the validity of an order of detention made
under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of
Essential Commodities Act, 1982, was challenged on the ground that procedure adopted by
the Advisory Board in allowing legal assistance to the State but denying such assistance to
the detenue, was both arbitrary and unreasonable and hence violated Article 21. The Court
applying the Maneka Gandhi’s principle held that the procedure adopted by the Advisory
Board was arbitrary and illegal and consequently, the detention order was liable to be
quashed. Although under the above Act the detenue has no right to legal assistance in the
proceedings before the Advisory Board, but it does not preclude the Board to allow such
assistance to the detenue when it allows the same to the State.