Published on: 07 October 2022 at 16:36 IST
:Court – Supreme Court of India
Citation – Rekha Murarka v. State of WB 2020 AIR(SC) 100
Hon’ble Supreme Court of India has held that only the Public Prosecutor is entrusted with the responsibility of conducting the prosecution before the Hon’ble Criminal Courts. However, There is no bar on the victim engaging a private counsel to assist the prosecution only with the specific permission of the court.
Para – 9
From a reading of these provisions, it is clear that a Public Prosecutor is entrusted with the responsibility of conducting the prosecution of a case. That this is a crucial role is evident from conditions such as in Section 24(7), which stipulates a minimum legal experience of seven years for a person to be eligible to be a Public Prosecutor.
It is further clear from a joint reading of Section 301 and the proviso to Section 24(8) that the two provisions are mutually complementary. There is no bar on the victim engaging a private counsel to assist the prosecution, subject to the permission of the court.
Drafted by – Abhijit Mishra
Key Words- Criminal Courts, Prosecution, Public Prosecutor.