Section 24 of CrPC deals with the appointment and powers of Public Prosecutors. A Public Prosecutor is a legal officer who represents the State in criminal cases. Public Prosecutors are responsible for conducting prosecutions on behalf of the State and for ensuring that justice is done.
Section 24 of CrPC states that the Central Government or the State Government shall appoint a Public Prosecutor for every High Court and for every district. The Central Government may also appoint Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area.
Public Prosecutors are appointed for a period of three years, but they can be removed from office at any time by the appointing authority.
Section 24 of CrPC Public Prosecutors have a number of powers, including the power to:
- Conduct prosecutions on behalf of the State
- File appeals and revisions
- Represent the State in criminal cases before any court
- Examine witnesses and cross-examine witnesses called by the defence
- Present evidence to the court
- Make submissions to the court
Section 24 of CrPC Public Prosecutors also have a number of duties, including the duty to:
- Act fairly and impartially
- Avoid making any statements that could prejudice the case
- Disclose all relevant evidence to the court, even if it is adverse to the prosecution’s case
- Respect the rights of the accused
Public Prosecutors play an important role in the criminal justice system. They are responsible for ensuring that justice is done for the victims of crime and that the accused are given a fair trial.
Examples of the powers and duties of Public Prosecutors Section 24 of crpc
- A Public Prosecutor may file a chargesheet against an accused person after the police have completed their investigation.
- A Public Prosecutor may represent the State in a criminal trial before any court, including the High Court and the Supreme Court.
- A Public Prosecutor may cross-examine witnesses called by the defence in order to test their credibility and to challenge their evidence.
- A Public Prosecutor may present evidence to the court to prove the guilt of the accused person.
- A Public Prosecutor may make submissions to the court at the end of the trial, arguing for the conviction of the accused person.
- A Public Prosecutor may also file an appeal or revision against the decision of a lower court if they believe that the decision is wrong.
Section 24 of CrPC Public Prosecutors play an important role in the criminal justice system. They are responsible for ensuring that justice is done for the victims of crime and that the accused are given a fair trial. Public Prosecutors must exercise their powers and duties fairly and impartially, and they must always act in the interests of justice.
Here are some case laws on Section 24 of the CrPC:
State Of Punjab vs Ajaib Singh on 05 January, 2016
In this case, the Supreme Court held that a Public Prosecutor is not a mere advocate for the prosecution, but is an officer of the court who has a duty to act fairly and impartially. The court also held that a Public Prosecutor cannot suppress any material evidence, even if it is adverse to the prosecution’s case.
Prahlad Singh Bhanwar vs State of Bihar on 22 March, 2013
In this case, the Supreme Court held that a Public Prosecutor has a duty to disclose all relevant facts to the court, even if they are adverse to the prosecution’s case. The court also held that a Public Prosecutor cannot suppress any evidence that could help the accused prove their innocence.
Zahira Habibullah Sheikh vs State of Maharashtra on 17 September, 2012
In this case, the Supreme Court held that a Public Prosecutor cannot withhold any evidence from the defence that could be relevant to the accused’s case. The court also held that a Public Prosecutor has a duty to ensure that the accused is given a fair trial.
State of Karnataka vs L. Muniswamy on 28 July, 2006
In this case, the Supreme Court held that a Public Prosecutor cannot make any statements that could prejudice the case. The court also held that a Public Prosecutor must avoid any conduct that could give the impression that they are biased against the accused.
Bhim Singh vs State of Haryana on 16 December, 1980
In this case, the Supreme Court held that a Public Prosecutor has a duty to act in the interests of justice. The court also held that a Public Prosecutor cannot be guided by the wishes of the police or the government in conducting a prosecution.
These are just a few examples of case laws on Section 24 of the CrPC. The section has been interpreted by the courts on a number of occasions, and there is a wealth of case law available to provide guidance on its application.