By: Sankalp
Abstract
Section 24 ofCr.P.C deals withPublic Prosecutors.They fill in as the fundamental principle of Rule of Law for example audi alteram partem(“let the other side be heard as well”).
It is essential that the criminal justice system should work within the limits of the Indian Constitution, which implies that it is vital for the Public Prosecutor to act as per it.
The Role of Prosecutor at Sentencing:
- When the accused is proven guilty, at that point the defence counsel and the prosecutor further argue to choose the quantum of punishment. At this stage, the prosecutor may argue for the adequate punishment keeping in mind, the facts, gravity of the offense and the circumstances. It encourages the judge to land at a judicious decision.
- To conduct a speedy trial – Right to a speedy trial is a fundamental right and it is impliedly given in Article 21 of Constitution of India which states “Right to life and Personal Liberty”. The prosecutors have an obligation to consider all the witnesses whose evidence is needed to decide the case and produce all the essential documents.
Introduction
The prosecutor has an important responsibility to guarantees fairness both to the respondent and the victim with respect to the acceptability of pleas and assistance to the court at sentence. An ideal prosecutor must see themselves as an agent who delivers justice. The prosecutor must be fair, honest and impartial and not only just a public official but also because the prosecutor belongs to the honorable legal profession.
The traditional right of nolleprosequi(“to be unwilling to pursue”) is available to the prosecutor. The prosecution advocate represents public interest, and ought to be prepared to help the court to arrive at its decision regarding a suitable sentence. Once the preliminary investigation have been finished, the prosecutor judges whether there is sufficient evidence to carry the case to court. The prosecutor also has the authority to offer plea bargains and diminish the seriousness of a charge in return for a guilty plea or other form of cooperation. This way the defendant avoids the risk of ending up with more convictions and a harsher sentence and the prosecutor avoids the risk of losing the case altogether.
While the court has to impose a sentence, that sentence is set by the offense that the defendant stands convicted for, therefore, the judge will be restricted by charges that the prosecutor has chosen to bring against the defendant. Task of the prosecutor is to prove that the crime has been committed. He/she questions the suspect, witnesses and experts so as to set up that the suspect is guilty. Despite the fact that judges are not bound by the arguments and can come to their own conclusions as long as they are reasonable, strong pressure from the prosecutor plays a part.
The prosecutor is under no obligation to accept a basis of plea offered by the defence, and the prosecution should not lend itself to any agreement whereby a case is introduced to the sentencing judge on a misleading or untrue set of facts.
Some other roles of the prosecutor at sentencing:
1) The ideal prosecutor isn’t worried about securing convictions, or with satisfying departments of the State Government. It is to ensure that justice is done.
2) There ought not be on part of a prosecutor eagerness to arrive at a conviction, the reason for the criminal trial is to determine guilt or innocence of the person accused.
3) A prosecutor should not by statement aggravate the facts of the case against the accused, or hold back a witness since that evidence may weaken the case for prosecution. The only aim should be to discover truth.
4). The duty of the prosecutor is to represent the State and not the police. He is an Officer of the State, named by the State Government. He isn’t a part of any investigating agencies but an independent authority.
5). The reason for a criminal trial to investigate the offense and to determine guilt or innocence of the accused and the duty of the prosecutor is to discharge his/her duty fairly and with a sense of responsibility.
6). A prosecutor can’t appear on behalf of the accused as it is inconsistent with the ethics of a legal profession.
7). It isn’t a fair trial when the prosecutor acts in a way as though he was defending the accused on purpose, It is the prosecutor’s duty to presenttruth before the court. Fair trial refers to a trial before an impartial Judge, a fair prosecutor and environment of judicial calm. The prosecutor who doesn’t act fairly and acts more like a counsel for the defence is a liability to the fair judicial system.
8). The statutory responsibility for settling upon withdrawal is prosecutor’s duty and must be guided by the Criminal Procedure Code.
9). If there is some issue that the defence could have raised, but failed then it should be brought to the attention of the court by the prosecutor.
Some of the relevant cases and their influence
ZahiraHabibullah vs State of Gujarat[1]
Facts– construction burns down in the city of Vadodara, Gujrat and results in the death of 14 people. This issue came up before the Supreme Court.
The Supreme Court stated that “Public Prosecutors acted more as the defence rather than focusing on presenting the truth before Court”. The prosecutor has an obligation to guarantee that every material fact is brought on record so that there won’t be miscarriage of justice.
Jitendra Kumar @Ajju vs State (NCT OF Delhi)[2]
The High Court of Delhi stated that “the Public Prosecutor acts on the behalf of the state. They are the ministers of justice who play a pivot role in the administration of criminal justice”.
Thakur Ram vs. State of Bihar[3]
It was held that in criminal issues the party who is treated as aggrieved is the State and is the custodian of the social interests of the community, thus it is for the State to take the steps required for bringing the individual who has acted against the social interests of the community. The reason behind the state undertaking prosecutions is that no private individual could use the legal apparatus to wreak private vengeance on anyone.The prosecutor plays a critical role in maintaining impartiality.
Suggestions
- In various states, there isn’t a clear boundary between the investigating agency and prosecution. This influencesimpartiality of prosecutor since police impacts the prosecution. This boundary must be clearly defined and practically established.
- Motivate and attract many more lawyerstowards this profession of imparting justice.
Conclusion
A prosecutor is an officer of the court who helps in the administration of justice. The prosecutor’s duty is to help find facts of the case. The prosecutor must be fair, honest and impartial. He/she follows up on the directions of the judge. The core principles of any public prosecution have to be equity, justice and good conscience.The criminal justice system requires a level of sensitivity towards victims and offenders, and a system that enforces law would be effective and efficient only by reaching to a balance regarding the interests of the victim and the defendant. However, the action that state takes must be supported by the idea of legality.
References
https://shodhganga.inflibnet.ac.in/bitstream/10603/144597/8/chapter%20iv.pdf
https://www.unafei.or.jp/publications/pdf/RS_No53/No53_21PA_Sharma.pdf
Cases:
https://indiankanoon.org/doc/1067991/
https://indiankanoon.org/doc/1031291/https://indiankanoon.org/doc/1868864/
[1](2004) 4 SCC 158
[2]Crl. W.P. 216/99, Delhi High Court
[3]AIR 1996 SC 911
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