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Section 226 CrPC - Role of Public Prosecutor in Trial
The section mandates that during a trial before a Court of Session, the prosecution must be conducted by a Public Prosecutor. The Public Prosecutor is an officer of the court appointed under statutory provisions (Sec. 24 CrPC) and is responsible for presenting the case, examining witnesses, and assisting the court (Paras 14, 15, 104, 238). The prosecutor’s role includes opening the case, describing charges, and establishing guilt through evidence (Sec. 226, Sec. 204).
Reference: Rakesh Singh VS State Of Bihar - Patna, Hukam Singh VS State of Rajasthan - Rajasthan, NARANBHAI SADABHAI PARMAR VS BAROT NANDLAL KHODIDAS - Gujarat, Krishna Kumar @ Munna Lal VS State Of Bihar - Patna -
Legal Authority and Functions of the Public Prosecutor
The Public Prosecutor is a statutory officer with a duty to assist the court and conduct prosecution effectively. They are bound to help the court arrive at justice and are considered officers of the court, appointed under Sec. 24 of CrPC. The appointment and independence of the Public Prosecutor are upheld, with some cases emphasizing their prerogative to examine witnesses and decide on their credibility (Paras 14, 15, 604).
Reference: Bhopal Singh VS State of Rajasthan - Rajasthan -
Procedural Aspects and Judicial Oversight
The courts have the authority to direct the release of seized vehicles or other property under CrPC provisions, considering the role of the Public Prosecutor in ensuring proper investigation and trial progress (Paras 200, 122). Judicial intervention under Article 226 is permissible when proceedings are prolonged or hindered, with the Public Prosecutor's cooperation being crucial for such decisions (Paras 122, 292).
Reference: K.B.BAIJU Vs THE STATE OF KERALA - Kerala, Bhopal Singh VS State of Rajasthan - Rajasthan, Bhopal Singh VS State of Rajasthan - Rajasthan -
Public Prosecutor’s Independence and Rights
While the Public Prosecutor is appointed by the state, they have the prerogative to decide whether to conduct prosecution or delegate it to a lawyer of their choice, maintaining independence in their functions (Paras 14, 15). The constitutional validity of sections related to prosecution, such as Sec. 225, 226, and 302, has been upheld, emphasizing their role within the judicial process (Paras 14, 15, 604).
Reference: Bhopal Singh VS State of Rajasthan - Rajasthan -
Summary and Conclusion
Section 226 of the CrPC emphasizes the crucial role of the Public Prosecutor in conducting trials before a Court of Session. They are statutory officers responsible for presenting evidence, examining witnesses, and assisting the court in arriving at justice. Their appointment, independence, and duties are fundamental to the criminal justice process, with courts having the authority to intervene judicially when proceedings are delayed or obstructed. The Public Prosecutor’s role is both procedural and constitutional, ensuring fair prosecution and adherence to legal standards.
References: Rakesh Singh VS State Of Bihar - Patna, Hukam Singh VS State of Rajasthan - Rajasthan, NARANBHAI SADABHAI PARMAR VS BAROT NANDLAL KHODIDAS - Gujarat, Bhopal Singh VS State of Rajasthan - Rajasthan, K.B.BAIJU Vs THE STATE OF KERALA - Kerala
Search Results for "Sec 226 Crpc Public Prosecutor"
2008 0 Supreme(Pat) 1094 • India - Patna
SAMARENDRA PRATAP SINGH
Code of Criminal Procedure, 1973-Sections 190 and 202-Mere registration, or continuance of a complaint case under enquiry under Section ... (Para 14) ... Code of Criminal Procedure, 1973-Section 202-Constitution ... (Para 38) ... Code of Criminal Procedure, 1973-Section 190-Magistrate ... The Apex Court observed that such committal of cases to the court of sessions without examining any witness either under sec. 200 or 202 Cr. P. C. is not desirable as Public Prosecutor#HL_EN....
2000 0 Supreme(Raj) 700 • India - Rajasthan
K.T.THOMAS, R.P.SETHI
(a) Cr.P.C., 1973, Sec. 226, 231; Penal Code, Sec. 302 – Examination of Prosecution witnesses – Public Prosecutor can interview prosecution ... (Paras 14 & 15)(b) Penal Code, Sec. 302 – Interested witness – Deceased shot dead by the accused before the eyes of his wife, son ... When he learnt that those two witnesses would speak against the prosecution version he sidestepped them and it is the prerogative of the Public Prosecutor not....
1982 0 Supreme(Guj) 242 • India - Gujarat
D.C.GHEEWALA
Criminal Procedure Code, 1973-Sec. 225-Validity of. ... Sec. 225 provides that every trial before a Court of Session the prosecution shall be conducted by a public Prosecutor In sec. 226 which provides for opening the case for the prosecution the word used is the Prosecutor and not Public Prosecutor. ... Sec. 24 of the Code deals with the subject of Public Prosecutor#HL....
2007 Supreme(Online)(KER) 36452 • India - High Court of Kerala
V.RAMKUMAR, J
Negotiable Instruments - Conviction - Sec 138 Negotiable Instruments Act, 1881; Sec 357 Cr.P.C. - The court upheld the conviction ... I heard the learned counsel for the Revision Petitioner and the learned Public Prosecutor. 3. ... The fine amount as and deposited shall be paid to the first respondent complainant as compensation under Sec. 357 (1) Cr.P.C. ... No. 226 of 2001 on the file of the J.F.C. M. , Alathur challenges the conviction entered and....
2008 Supreme(Online)(KER) 25617 • India - High Court of Kerala
R.BASANT, J
Issues: Whether the court can direct the release of the petitioner's vehicle under Cr.P.C. provisions or constitutional authority ... Seizure - Vehicle Release - Kerala Forest Act Sec. 61A - The court allowed the release of the petitioner's vehicle pending criminal ... The petitioner sought its release, which was initially denied by the Magistrate due to pending proceedings under Sec. 61A. ... The learned Public Prosecutor does not oppose the application; but prays that appropriate conditions may be im....
2000 0 Supreme(Raj) 560 • India - Rajasthan
AMRESH KUMAR SINGH, N.N.MATHUR
– Public Prosecutor is appointed under statutory provisions of Sec. 24 of the Code – He is officer of the Court – Bound to assist ... Claimed right to conduct prosecution against the accused persons by a lawyer of their choice and not by public prosecutor – Held ... Cr.P.C., Sec. 225, 301, 302, Constitution of India, Art. 226 – Constitutional validity of Sections 225, 301 and 302 of the code – ... be appointed also to be a Public #H....
2008 Supreme(Online)(KER) 8125 • India - High Court of Kerala
V.RAMKUMAR, J
Bail - Anticipatory Bail - Cr.P.C Section 438 - Court granted anticipatory bail while imposing specific conditions. ... Ratio Decidendi: The court applied the principles under Section 438 of the Cr.P.C, balancing the rights of the accused with ... I heard the learned counsel for the petitioners and the learned Public Prosecutor. O R D E R In this Petition filed under Sec
2024 Supreme(Online)(KER) 24724 • India - High Court of Kerala
P. G. Ajithkumar, J
Criminal - Miscellaneous - Cr.P.C. ... The Public Prosecutor submitted that the investigation in Crime No. 1121/2012 of Malampuzha Police Station is already closed and a report under Sec. 174 Cr.P.C is submitted before the Sub Divisional Magistrate Court. ... O R D E R This Criminal Miscellaneous case is filed under Sec. 482 Cr.P.C. with the following prayers : “i) to direct the respondent No.1 to ensure an effective mechanism for bifurcation of law and order wing and....
2008 Supreme(Online)(KER) 38107 • India - High Court of Kerala
R.BASANT, J
could be released since the prolonged custody without progressing the proceedings warranted judicial intervention under Article 226 ... Notice was given to the learned Public Prosecutor. ... The learned Public Prosecutor submits that subuject to appropriate conditions which shall protect and safeguard the interests of the State, the vehicle can be released to the petitioner; but the learned Public Prosecutor insist that bank guarantee may be insisted for such release.....
2007 0 Supreme(Pat) 295 • India - Patna
DHARNIDHAR JHA
(Paras 9 to 11) ... Code ... CHAPTER XVIII of the Cr. P.C. relates to trial before a court of Sessions and Sec. 22.5 directs that the trial has to be conducted by the Public Prosecutor. ... Section 226 reguires the prosecutor to open his case if accused appeers or is brought before the court, by describing the charge brought against the accused and also stating as to by what evidence he proposes to prove the guilt of the accused. ... Sec. 204 of the ....
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