PUBLIC PROSECUTOR ?
Role of a Public Prosecutor
- One of the major responsibilities of a public prosecutor is to secure righteous convictions. They act as a source of justice. They represent the departments of State Government.
- They interrogate and investigate the suspect and ask for an expert examination.
- They undertake the execution of judgments.
- They hold command in administration tasks that are assigned by law as a delineative of the public interest.
- The police assign cases for investigation, and the public prosecutors handle the cases. They decide on whether they should present the case to the court for further proceeding or not.
- They can also request for the detention of the suspect for medical inspection-physical or mental.
Educational Qualification to become a Public Prosecutor
There are some necessary educational qualifications in order to become a public prosecutor. A person must have a degree in law with essential knowledge of laws. You should have done a Bachelor’s in law (LLB) of 3 or 5 years from any authorized law school that receives recognition by the bar council of India. If you are a graduate, then you can do a 3 years LLB degree or if you are an intermediate pass student then, you can do an LLB for 5 years. In simple terms, only a lawyer can be a public prosecutor.
Under the provision of section 24 of CRPC 1972, a public prosecutor is able to create prosecution, make appeals or ask for judicial proceedings in the High court to the Supreme court, in the Central Government, or the State government. The State government appoints the public prosecutor for every district. The appointment of a public prosecutor is for strengthening the judicial procedure. It is also possible that in every state, the appointment of more than one public prosecutor occurs.
Salary of a Public Prosecutor
The salary of a public prosecutor who is decent at the entry-level varies from 3-4 lakhs. With experience and gain of knowledge, there is an increment in the salary of a public prosecutor, from mid-level to a higher level, it goes from 8-12 lakhs.
Eligibility Criteria to become a Public Prosecutor
In order to become a Public Prosecutor, you need to satisfy some eligibility criteria such as:
- A Candidate must have to be a citizen of India
- You must have a degree in law.
- You should have experience of a minimum of seven years as a lawyer.
- While applying for the post, your age must not be less than 35 years of age and should not be more than 45 years of age.
- There is an accoutrement for providing relaxation to Scheduled Castes, Scheduled Tribes, and Backward Classes in terms of age.
- The creation of lists is a part of the process for eligible candidates at the deliberation of the magistrate of the district and sessions judges. If the name of the candidate is not present in the list that is created under subsection (3) by the magistrate of the district and the session judges. Then, in this scenario, the State Government will not be able to appoint a person as a public prosecutor in any district.
- To become a public prosecutor, a candidate must have to appear in the Union Public Service Commission (UPSC) for the position of Public Prosecutor. After clearing the exam, a person has to give the interview. On the basis of both things, the candidate will have a notification of the selection through email.
If you are someone who loves to investigate, learn and solve inexplicable cases that are associated with state and governmental matters, then a public prosecutor is the right profession for you. If you satisfy the eligibility criteria, then you should definitely go through the exam and procedure.
Eligibility to become Public Prosecutor in India.
Public Prosecutors are the advocates of Government and are in charge of the appeal, trial, and all other court processes. Primarily, conducting a pre-trial investigation in a civil or criminal case, supervising the implementation of penalties, defending the rights and interests of persons and the State by following the measures established by law, and submitting claims and applications to courts in cases as needed by law will be included in your responsibility as a public prosecutor.
A Public Prosecutor should have throughout knowledge of all the laws of India. He should be an expert in studying the cases thoroughly. He should be trained in arranging for the witnesses and the pieces of evidence for any case. He should know all the types of legal notices that can be issued, which may be for and against a government organisation and of course, he should have the skill to advise the Government on different cases. To become a public prosecutor, qualities like persistence, persuasion, focus, hardworking are a must, and they should have good communication skills. In India, the salary for the job of a Public Prosecutor varies according to the jurisdiction in which they are working. These employees working under the Government are qualified to receive income as prescribed by the Government and also receive allowances and incentives. Public prosecutors are sometimes paid a fixed salary without any allowance or perks. Public Prosecutors working in the C.B.I (Central Bureau of Investigation) are paid a fixed salary without any allowances or perks.
Requirements
Candidates interested in becoming a public prosecutor and making it a full-time career must be law graduates approved to practice in the law field in the given jurisdiction. In many cases, the requirements of experience in this post should be there, and they must go under investigation in a criminal background. From jurisdiction to jurisdiction, the requirements are specific and are different in every jurisdiction, so you should investigate it carefully when they wish to work in those of the jurisdiction. A Public Prosecutor or Assistant Public Prosecutor who is being appointed must have at least seven years of experience as an advocate for the motive of the appointment of a Public Prosecutor or Additional Public Prosecutor. The candidates must have at least ten years of experience as an advocate for being appointed as a Special Public Prosecutor. When the district magistrate is consulting the Sessions Judge, the session judge has to prepare a board of persons qualified to be appointed as the Public Prosecutor at the district level. A Public Prosecutor is appointed by the State Government for the district when a panel of names mentions their names prepared by the District Magistrate under sub-section (3). Among the Asst. Public Prosecutors a Public Prosecutor can benefit by interacting with the Public Prosecutors appointed from the Bar by the Sessions Judge’s consultation and vice-versa. The Criminal Procedure Code doesn’t explain the extension or renewal of the term of a public prosecutor. The Government has already decided and fixed the term of a Public Prosecutor. The State and the Central Government may appoint a Special Public Prosecutor who has been an advocate for at least ten years for any case or class of cases.
Process
Candidates who aspire to become public prosecutors must appear for the Union Public Service Commission exam (UPSC). There is an interview after the written test. The candidates who will get selected will be informed through email. A candidate must have practised as an Advocate for a minimum of seven years. A Public Prosecutor is also known as a P.P. An advocate who denotes the people of the State or the State in a trial of a criminal case is called a Public Prosecutor. India’s current criminal justice system is based on the fact that any crime that any person or group commits against others is considered to have been committed against society. The reproach for any crime and the prosecution is not the victim of the State; instead, it is the responsibility of the State. Any prosecution on behalf of the State is always conducted by the Public Prosecutor. The Prosecutor who works for the public has to play his role critically in maintaining impartiality and purity in the area of criminal justice administration. Prosecutors have been associated either with the adversarial system of common law or the inquisitorial system of civil law. Prosecution means the legal parties who are responsible for presenting the case against any individual, and the individual who’s against the case has been presented is called the defendant.Candidate’s age must be between 35 years and 45 years of age at the time of applying (The maximum age limit of the candidates belonging to the Scheduled Tribes, Scheduled castes, and Other Backward Classes shall be may be decided from time to time by the Government from)
To become an Assistant Public Prosecutor, Under Section 25 of the Criminal Procedure Code, An Assistant public prosecutor is appointed in all districts to conduct prosecution in the magistrate courts. Candidates who are Law graduates and have experience of a minimum of two years at any bar council at the state level and are not more than 35 years of age can apply for the public prosecutor position. The written and viva examinations are conducted by the respective State Public Service Commission departmentto fulfil the selection criteria. The written examination will include questions from procedural law, general English, criminal law, and some other miscellaneous laws. Direct appointment of Assistant public prosecutors shall remain for two years of the probation period, and those otherwise enlisted will remain for one year as ordered by the competent authority.
In India, there are great opportunities for prosecutors. Positions at entry-level are also available for the new attorneys who have offered their services or gained experience through working as an intern while being in law school. Experience in trial priorly is usually required. Prosecutors who already have state-level experience may desire to move into working as a prosecution at the supreme court. Options like working in a private law firm, working in a corporation, or working as a judge are the other possible career opportunities. The Job of a Public Prosecutor needs a great amount of responsibility. A Public prosecutor is appointed under Section 24 of the Criminal Procedure Code, which comprises any person acting under the commands of a Public Prosecutor.
