A CRITICAL EVALUATION ON THE ROLE OF PUBLIC PROSECUTOR UNDER CRIMINAL JUSTICE ADMINISTRATION IN INDIA

In the criminal justice system, the role of a Public Prosecutor (PP) remains the cornerstone.
Being a legal representative of the State, they play a significant part in assuring that justice is
served for both the accused and victims, by holding criminal prosecution before a magistrate.
Almost all systematic societies have adopted the structure of public prosecution for prosecuting
the accused who is alleged to have violated the legal norms prevailing in society. In a way, the
PP’s office signifies the collective will of the society. This article critically maps the function
of the public prosecutor in the Indian judicial setup, with emphasis on their role, issues, and
significance in securing effective and fair criminal trials. The primary responsibility of a public
prosecutor is to ensure that “justice is not only done but seen to have been done”. They are
entrusted with the duty to establish guilt of conviction while ensuring that the accused's rights
are also preserved. But this responsibility is hindered by various factors, including insufficient
resources, political influence, and backlogs, which can cause delay in justice and vitiate the
mandate of fair trial. This article highlights the appointment procedure of the Public Prosecutor
in India, showing how a lack of independence & transparency in selection can prejudice their
effectiveness. It also explores the key role of the public prosecutor in ensuring proper
investigation and fair trial. The article examines the judicial and legislative approaches
concerning the public prosecutor. It discusses challenges faced by public prosecutors and
relevant suggestions for addressing them.
Keywords: Public Prosecutor, Criminal Justice, BNSS, India