ADVERTISEMENTS:

Qualification, Duties and Classification of the Public Prosecutors

“Public Prosecutor” means any person appointed under Section 24 and includes any person acting under the directions of a Public Prosecutor.

English - Openbaar Ministerie

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Qualifications

A person to be appointed as a Public Prosecutor or Assistant Public Prosecutor should have been in practice as an advocate for not less than seven years, for the purpose of the appointment of Public Prosecutor or Additional Public Prosecutor. He must have been a practice as an advocate for not less than ten years for the appointment of a Special Public Prosecutor.

Duties

The Public Prosecutor must have performed his services without partiality. He is not a protagonist of any party. Theoretically, the Public Prosecutor means he stands for the state in whose name all prosecutions are conducted. Practically, his position is high. He should not represent the State while in placing his arguments. He must act impartially. He should discharge his duty fairly and fearlessly and with a full sense of the responsibility. He is the aid to the Court. His aim should to bring out the truth. He should not hate the accused. He should hate the sin. He should not unnecessarily aggravate the case against accused or keep back a witness because his evidence may weak the case.

Classification of the Public Prosecutors

  • Public Prosecutors appointed by the Central Government,
  • Public Prosecutors appointed by the State Government,
  • Public Prosecutors,
  • Additional Public Prosecutors, appointed by the State Government,
  • Special Public Prosecutors appointed by the Central Government,
  • Special Public Prosecutors, appointed by the State Government,
  • Assistant Public Prosecutors. (Section 25)
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