Question

Who is a public prosecutor?

Answer 1

Hint: The Indian Judicial system is an integrated one. This means that it has a hierarchical structure such that the Supreme Court is at the apex, followed by the High Courts at the state level and the lower courts at the district level. The Supreme Court is the highest court of appeal, the final interpreter of the Constitution and the custodian of people’s fundamental rights.

Complete answer: Public prosecutors are a part of the state judiciary who is in charge of cases regarding litigation, appeal and other such procedures of law. The public prosecutor is responsible for assisting the court by providing all necessary aspects related to the case. According to section 24 of the Code of Criminal Procedure, a public prosecutor (and one or more additional public prosecutors) is appointed for every High Court by the Central Government or the State Government after consultation with the High Court. The Public Prosecutor (and additional public prosecutors) for each district is appointed by the State Government. The eligibility criteria for a public prosecutor in India is that they should be a citizen of India, have a degree in law, have at least seven years of experience as an advocate, neither be less than 35 years nor more than 45 years at the time of application. Additional provisions of relaxation of age limit are provided to reserved categories like Scheduled Caste, Scheduled Tribe and Other Backward Classes.

Note: Constitutional Provisions regarding the Union Judiciary are mentioned in Articles 124-147 and those regarding State Judiciary namely High Courts and lower courts are mentioned in Articles 214-237.