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What do you know about the Public Prosecutors?

Public Prosecutors are the person acting as a council for the state mainly in cognizable offences. So before we delve further, let’s understand what are cognizable offences.

Offences are divided into two as Cognizable offences and non cognizable offences. The categorisation is mentioned in the First Schedule of Code of Criminal Procedure.

 

Cognizable and Non-Cognizable Offences

 

Cognizable offence is defined under Section 2(c) of Code of Criminal Procedure (CrPC) as any offence where Police Officers can arrest the culprit without any warrant.

Section 156(1) and 157 of Code of Criminal Procedure (CrPC) empowers Police Officers to arrest the culprit without any warrant or directions from a Magistrate. One thing all need to keep in mind is that cognizable offences are usually serious one and not less than 3 years of imprisonment. However, there are certain exceptions to it such as offences related to marriage ( section 493 to 497 of Indian Penal Code), the punishment is usually more than 5 years still it is non cognizable offences because the nature is of private wrong.

Non – cognizable offences are those where police officers cannot arrest without warrant.

 

Authority to appear and plead

 

Under Section 301 of Code of Criminal Procedure, the Public Prosecutor and Additional Public Prosecutors have the authority to appear and plead before any court if the case is allotted to him by the competent authority.

 

Power to withdraw

 

Under Section 321 of Code of Criminal Procedure (CrPC), the Public Prosecutors or Additional Public Prosecutor can withdraw his name from prosecution against any person, but he needs to get consent of the Court.

 

If we conclude the article, one could say that Public Prosecutors and Additional Public Prosecutors are the counsel of the State who represents the State. They even can represent private individuals if the matter is of public wrong and not otherwise. We also understand that Public Prosecutors or Additional Public Prosecutors mainly proceeds with cognizable offences.

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