Public Prosecutor: The prosecution in all Criminal Courts from subordinate Courts to High Court, on behalf of the state or central government, is conducted by persons known as Public Prosecutors who are qualified advocates appointed by the Central/ or state government and the Courts. There are following classes of public prosecutors:
(i) Public prosecutors appointed by the Central government.
(ii) Public prosecutors appointed by the state government.
(iii) Additional public prosecutors appointed by the state or Central government.
(iv) Special public prosecutors appointed by the Central government.
(v) Special public prosecutors appointed by the state government for special cases and for a particular time.
The state government, as well as the Central government, also appoints in any district one or more Assistant public prosecutor for conducting prosecutions in the Court of Magistrates. The salary and other allowances are paid by the Central and /or state governments. The Criminal Procedure Code lays down the qualifications, the manner and method of appointing such prosecutors. They can be appointed for a particular period, their tenure can be renewed, and they can be removed at the end of the terms or before or after following the procedure. The Public Prosecutor is not supposed to be a prosecutor. In theory he /she stands for the state in whose name all proceedings are conducted.it is expected that the public prosecutor will discharge discharge their duty fairly and fearlessly and with full sense of responsibility that attaches to their position. Their object should be to aid the court to arrive at the truth. The ideal public prosecutor is not concerned with securing conviction or with satisfying department of the Government which he/she represents. Rather, they are agents of justice. There should be, on their part, no unseeming eagerness to grasp at convictions. Their duty as public prosecutor is not merely to secure conviction of the accused at all costs but to place before the court whatever evidence is in their possession, whether it be in favour or against the accused, and to leave it to the court to decide upon such evidence whether the accused had or had not committed the offence with which he has been charged. Public Prosecutors are officers of the court and like any other advocate practising before the court, they also owe an obligation to the court to be fair and just. They are supposed to prosecute with earnestness and vigour and are bound to assist the court with fair and considered view and fair exercise of judgement.
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