CrPC Section 189
Section 189 CrPC: Institution of prosecution for offences triable exclusively by Court of Session
Text of Section 189 CrPC:
When the offence is exclusively triable by a Court of Session, the prosecution for such an offence shall be instituted by the Public Prosecutor or an Advocate appointed for the State Government, and not otherwise.
🔍 Detailed Explanation:
1. Applicability of Section 189:
This section applies only to offences which are exclusively triable by a Court of Session.
Certain serious offences (like murder, rape, robbery, etc.) are generally triable only by the Sessions Court because of their gravity.
2. What does “prosecution shall be instituted by” mean?
Institution of prosecution refers to the formal process of starting criminal proceedings.
In cases under Section 189, the prosecution must be initiated by the Public Prosecutor or an Advocate appointed by the State Government.
No other person can institute the prosecution directly.
3. Role of the Public Prosecutor:
The Public Prosecutor is a government lawyer authorized to conduct prosecutions on behalf of the State.
This ensures that serious cases are prosecuted professionally and fairly, preventing misuse of the legal process.
4. Why is this important?
For serious offences, the law insists that prosecutions should be handled by experienced legal professionals appointed by the State.
This helps maintain the integrity of the criminal justice system.
It avoids frivolous or malicious prosecutions by private individuals.
5. What about offences triable by Magistrates?
For offences triable by Magistrates, the complainant or any private person can often initiate prosecution (by lodging an FIR or complaint).
But for offences exclusively triable by Sessions Courts, only the Public Prosecutor or a government-appointed advocate can start the prosecution.
6. Examples:
A murder case (triable exclusively by the Sessions Court): Only the Public Prosecutor can file charges and begin the prosecution.
A petty theft (triable by Magistrate): Any person can lodge a complaint, and prosecution can be initiated accordingly.
📝 Summary:
| Aspect | Explanation |
|---|---|
| Offences covered | Offences triable exclusively by Sessions Court |
| Who institutes prosecution | Public Prosecutor or Advocate appointed by State Government |
| Purpose | Ensure professional and fair prosecution for serious crimes |
| Private persons' role | Cannot institute prosecution for such offences |
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