Public Prosecution in India (By-Rahul Ghosh & Amrita Dimri)
Public prosecution is a vital part
of the public justice system. It is the duty of the executive to prosecute the
culprit through the institution of the public prosecutor. The public prosecutor
is appointed by the State, and he conducts the prosecution on behalf of the
State. It is the responsibility of the public prosecutor to ensure the fact that
the trial results in conviction, but it is not necessary for him to be acutely
concerned about the result of the trial.
He is an officer of the court and
his duty is to present a fair version of the case when the trial is taking
place. Although he appears on behalf of the state, it is also his duty to make
sure that the individual who is accused is not discriminated against and
treated in an unjust manner.
There is a need for reform in the
working of the public prosecution in India. The failure of prosecution is not
always of its own making. The weaknesses in its structure needs to be
addressed. Priority needs to be given to improving the coordination between the
police and prosecuting and that is the source of most of the problems. Lastly,
working atmosphere and job satisfaction also needs to be improved.