CrPC Section 225
Section 225 CrPC – Trial to Be Conducted by Public Prosecutor
Text of the Section:
"In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor."
Detailed Explanation:
1. Introduction:
Section 225 of the CrPC mandates that all criminal trials before a Court of Session must be conducted by a Public Prosecutor. This provision ensures that the State represents the interests of justice in serious criminal matters.
2. Purpose of the Section:
To ensure that serious offences tried before the Court of Session are prosecuted by a legally qualified and impartial officer.
To maintain fairness, objectivity, and professionalism in criminal trials.
To protect the rights of the accused while ensuring that the prosecution is handled by someone with expertise in law.
3. Who is a Public Prosecutor?
A Public Prosecutor is a lawyer appointed by the government to conduct prosecutions on behalf of the State.
They are not a representative of the victim or police, but of the State and the public interest.
Their duty is to ensure justice is done, not merely to secure a conviction.
4. Scope of Application:
Applies only to trials before a Court of Session, i.e., for serious offences like murder, rape, dacoity, etc., which are triable by a Sessions Court.
The entire prosecution must be conducted by the Public Prosecutor or an Assistant Public Prosecutor.
5. Significance:
Ensures that the State prosecutes serious crimes with adequate legal support.
Prevents private individuals from influencing prosecution in serious cases.
Reinforces the concept of a neutral, fair trial in accordance with principles of natural justice.
6. Related Provisions:
Section 24 CrPC: Deals with the appointment and qualifications of Public Prosecutors.
Section 226 CrPC: Opening of the prosecution case by the Public Prosecutor.
Section 301 CrPC: Permits private counsel to assist the Public Prosecutor, with permission of the court.
7. Judicial Interpretation:
Courts have consistently emphasized that a Public Prosecutor must act fairly, impartially, and in the interest of justice.
The role of the Public Prosecutor is not to secure conviction at all costs but to ensure that truth prevails.
Any trial before a Court of Session without a Public Prosecutor is considered legally defective.
Conclusion:
Section 225 CrPC ensures that serious criminal trials in the Court of Session are conducted by a Public Prosecutor, maintaining fairness and legal propriety. This provision guarantees that prosecutions are handled by qualified legal officers who represent the State, not private interests, thus upholding the integrity of the criminal justice system.
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