Know all About Public Prosecutor: Eligibility, Criteria and Selection Process
Who is a Public Prosecutor?
The Public Prosecutor is defined in Section 24 of Cr.P.C. A Public Prosecutor is considered as the agent of the state to represent the interest of common people in the criminal justice system. The prosecution of the accused is the duty of the state but not individually the duty of the aggrieved party. They are appointed in almost all countries. The Court observed that Public Prosecutors are known as ministers of justice who are duty-bound to assist the judge in the administration of justice.
The prosecutor must be impartial, fair and truthful, not only as a public executive but also because the prosecutor belongs to the honorable profession of law, the ethics of which demand these qualities.
Role of a Public Prosecutor:
A public prosecutor is considered as a part of the state's judiciary or judicial process, who acts as in-charge in case of litigation, appeal, and other procedures related to law. The task of a public prosecutor is to assist in the court's work by putting all necessary aspects related to the case. For this, he deals with different aspects to give justice. As soon as the investigation process for justice begins, the work of the public prosecutor starts.
Appointment of a Public Prosecutor:
The public prosecutor for the high court shall be appointed by the central government or the star government after consultation with the high court. For the districts, the state government appoints the district public prosecutor.
Qualification to become Public Prosecutor:
To become a public prosecutor, a person must have a degree in law, along with the knowledge of the law. Or we can say that for becoming a public prosecutor, one has to become a lawyer first. Which means, he/she must have three or five years LLB (Bachelor of Law) degree from a Law Institute recognized by the Bar Council of India.
Eligibility Criteria for Public Prosecutor:
He/She should be a citizen of India and possess a degree in law. He/She should have worked for at least seven years as an advocate. She/he should be not less than 35 years of age and not more than 45 years of age at the time of application for the post. There is a provision for relaxation in the age limit for Scheduled Castes, Scheduled Tribes, and Backward Classes. The candidates must appear in the exam conducted by the Union Public Service Commission (UPSC) for the post of the public prosecutor. An interview is also taken after this examination.
Post of Public Prosecutor-
Assistant Public Prosecutor: Scrutiny of the charge sheets prepared by the investigating agencies and submits the discharge or acquittal. They are further in charge of evaluating the evidence and filing revision petitions as well as conducting cases in the Court of Metropolitan Magistrates.
Additional Prosecutor: Conducting cases in the Sessions Court.
Chief Prosecutor: Supervise the work of Assistant Public Prosecutor in the Metropolitan Magistrate?s Court.
Public Prosecutor: Supervision of the work of Additional Public Prosecutor in the Sessions Court.