Fundamentals of Code of Criminal Procedure, 1973 Part II

 

Fundamentals of Code of Criminal Procedure, 1973

Part II

Police as functionary (sec 36)

There is no provision in the code that creates the police or police officers. It assumes the existence of police and arms them with various responsibilities and powers.

Organisation 

The police force is established under the Police Act of 1861. The police force is a tool for detecting crime and preventing it, according to the Act. The overall management of police in a state is the responsibility of the Director-General of Police, but in a district, DSP is in charge of such management under the general supervision and guidance of the District Magistrate (District Superintendent of Police).

Every police officer receives a certificate, and as a result, he has all of the rights, obligations, and duties of a police officer. After the person is no longer a police officer, the certificate will no longer be valid.

The Code grants various rights to police officers, including the ability to conduct investigations, conduct searches and seizures, make arrests, and look into the members who have applied to become police officers. The person in command of a police station is given a lot of authority.

 

Public prosecutor (section 24 to 25 A)

A public prosecutor is seen as the state's representative of the general public's interests in the criminal justice system. It is the state's responsibility to prosecute the accused; it is not the responsibility of the party who was wronged personally. In nearly all nations, they are appointed. Section 24 of the Criminal Procedure Code defines the Public Prosecutor. They act as the cornerstone of the Rule of Law, or auld alteram partem (no person shall be condemned unheard).

Public prosecutor is defined under Section 2(u) of the Code of Criminal Process. "A person who is appointed pursuant to Section 24 of the Criminal Procedure Code, as well as any individual operating in accordance with the Public Prosecutor's instructions.

 

Functions

Depending on their title, the Public Prosecutor performs different duties.

 

·         At Session Court and High Court, the Public Prosecutor is responsible for supervising the Additional Public Prosecutor's duties.

·         Chief Prosecutor: At Metropolitan Magistrate Court, supervise the activities of the Assistant Public Prosecutor.

·         Conduct criminal trials in the Session Court as a second prosecutor.

·         The assistant public prosecutor looks over the agencies' charge sheet before submitting the acquittal or discharge. They are also in charge of reviewing the evidence and submitting revision applications. Also, they manage the criminal cases at the Court of Metropolitan Magistrate.

·         Director of Prosecution is where it all starts. They oversee and control Directorate officials on a broad scale. The Account Branches are also under their care.

The establishment of a Directorate of Public Prosecutors is intended to oversee and closely examine the activities of various prosecuting authorities at the Assistant Session and Session levels, with the exception of the High Court.

 

Reasons for the Appointment of Public Prosecutor:

Whenever any crime is committed against a group or individual, it is assumed that it has been committed against society. It is the duty of the state to provide justice to any group of society or person who is affected by the crime. In India, it is necessary that the criminal justice system should function within the limits of the Indian Constitution, which means that it is necessary for the Public Prosecutor to act in accordance with the principles of:

 

·         Equality before law

·         Protection against double jeopardy

·         Protection against self-incrimination

·         Protection against ex-post law

·         Right to life and personal liberty except procedure established by law

·         Presumption of innocence until proven guilty

·         Arrest and detention must be in accordance with the provisions of Cr.P.C.

·         Equal protection of laws

·         Speedy trial

·         Prohibition of discrimination

·         Right of accused to remain silent

·         Defence council as a functionary

 

In most circumstances, the accused is a layperson who is unfamiliar with legal jargon; consequently, under Section 303, the accused has the right to be represented by counsel of his own choosing. A pleader is not a government official since the accused or his family hires the pleader to defend the accused against the claimed accusations. A skilled legal practitioner must present the case on behalf of the accused to ensure a just and fair trial. As a result, Section 304 states that if the accused lacks the financial resources to employ counsel, the court will appoint a pleader at the state's cost.

In most circumstances, the accused is a layperson who is unfamiliar with legal jargon; consequently, under Section 303, the accused has the right to be represented by counsel of his own choosing.

There are several programmes available to help someone accused who cannot afford to engage a lawyer, including the Legal Aid Scheme of the State, the Legal Aid and Service Board, the Supreme Court Senior Advocates Free Legal Aid Society, and the Bar Association. The Legal Services Authority Act of 1987 provides free legal help to those in need.