CrPC Section 274
Section 274 - Public Prosecutor
Text of Section 274:
"The Advocate-General for the State, or any person appointed by him, shall conduct all prosecutions, in which the State is interested, and which are instituted upon his information, or upon the information of any police-officer, and all proceedings before any Criminal Court in which the State is a party."
Explanation and Detailed Breakdown:
Who is the Public Prosecutor?
Section 274 identifies the Advocate-General of the state (or a person appointed by the Advocate-General) as the public prosecutor.
The Advocate-General is the highest law officer in a state, appointed under Article 165 of the Indian Constitution.
The Advocate-General may appoint other advocates or persons to act as public prosecutors.
Role and Functions of the Public Prosecutor:
The Public Prosecutor conducts prosecutions on behalf of the State in criminal cases.
Specifically, he/she conducts cases instituted upon information supplied either by himself or by police officers.
This means when a crime is reported and the police file a charge-sheet (information) in court, the Public Prosecutor takes over the responsibility to present the case before the court.
The Public Prosecutor also conducts all proceedings in any criminal court where the State is a party. Since the State usually prosecutes criminal cases, the Public Prosecutor represents the State’s interests.
Why is this Section Important?
The public prosecutor is vital for the criminal justice system because they ensure the proper conduct of prosecutions.
They act as a bridge between the police and the court.
The prosecutor’s duty is to present evidence against the accused in an impartial and fair manner.
They help to secure justice, not just conviction; meaning their role is not just to win the case, but to ensure the truth is presented and justice is done.
Scope and Limitations:
Section 274 states that the Advocate-General or their appointee conducts all prosecutions in which the State is interested and instituted on their or the police’s information.
However, the State may also appoint additional public prosecutors or special public prosecutors under different provisions for specific cases.
The Public Prosecutor does not conduct prosecutions based on private complaints unless the State takes an interest.
Appointment and Tenure:
The Advocate-General appoints the public prosecutors and can remove them.
These appointments are often governed by state laws or rules.
Public prosecutors are usually experienced lawyers who specialize in criminal law.
Relationship with Police:
The police investigate crimes and submit reports (charge sheets).
The Public Prosecutor reviews the charge sheet and decides whether to proceed with prosecution.
They advise the police on legal matters related to prosecution and sometimes guide investigations.
Summary
Section 274 CrPC designates the Advocate-General or his appointee as the Public Prosecutor.
The Public Prosecutor represents the State in criminal trials.
They conduct prosecutions instituted on their or the police’s information.
Their role is to ensure fair and just prosecution before criminal courts.
They serve as the legal face of the State in criminal matters.
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