Public prosecutor

Polity & Governance glossary

Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT

Meaning

A public prosecutor is the government's lawyer in criminal cases. A crime is treated as a wrong against society, so the state, not just the victim, takes the accused to court. The prosecutor presents evidence and argues the case for the state. Under Section 20 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, states must set up a Directorate of Prosecution at state and district levels. This office supervises prosecutors and improves how cases are run.

Example

In a murder trial in a sessions court, the public prosecutor appears for the state. They examine witnesses and argue for conviction, while the accused's own lawyer argues for the defence.

Don't confuse with

  • Legal Aid Defense Counsel: a full-time lawyer under NALSA who defends accused persons who cannot afford a lawyer. A public prosecutor works against the accused, on the state's side.

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