Chapter XI CRIMINAL CASES

It shall be the duty of the Prosecutor in charge of a criminal case to:

1. (a) ensure that necessary and proper charges are framed against the accused and that plea is recorded according to law. He shall take steps to get the charges amended wherever necessary;
2. (b) take necessary steps to get the summons and warrants issued by the Court to secure the presence of the witnesses in due time;
3. (c) instruct the police to keep necessary number of witnesses in attendance, examine all necessary witnesses and to place the entire case of the prosecution before the Court;
4. (d) ensure that all relevant documents and properties are marked as exhibits or as the case may be, as material objects through competent witnesses;
5. (e) Ensure proper coordination and co-operation of the police in getting the summons served and warrants duly executed in appropriate time and returned to Court in good time;
6. (f) enforce the attendance of the witnesses in general, and police and official witnesses and investigating officers in particular, for giving evidence before Court; and
7. (g) render assistance to the Court to achieve smooth and speedy disposal of the cases.

1. (2) Upon the committal of a case by the Magistrate to the Sessions Court, the Prosecutor shall forward the case papers to the concerned Public Prosecutor as early as possible, but not later than one week from the date of commitment.

1. (1) In every case ending in an acquittal or conviction only for a minor offence the accused having been acquitted of serious offences or where the Court gives a lesser sentence or where the case ends in acquittal of only some of the accused before the Court by any Magistrate or Sessions Judge, the Prosecutor in charge of the said case shall obtain a certified copy of the judgment and submit it within fifteen days from the date of judgment along with his opinion indicating the grounds for filing or not filing an appeal, to the concerned Deputy Director of Prosecutions. Where the Prosecutor recommends filing of appeal, review or revision against the judgment or order an appellate or revisional Court he shall invariably send the certified copies of the judgment or order of the Trial Court along with the order of the Appellate Court.
2. (2) Every proposal to file an appeal or revision shall be examined and decision taken by the Deputy Director concerned in consultation with the Deputy Inspector General of Police. and in cases in which he is not authorised to take a decision himself he shall forward a certified copy of the judgment together with his views to the Deputy Inspector General of Police and to the Director of Prosecutions without any delay keeping in view of the period of limitation. Subject to his powers in the matter of taking final decision the Director of Prosecutions and Government Litigation shall take final decision in the matter referred to him by the Deputy Director.
3. (3) The Director of Prosecutions and Government Litigation shall forward the certified copy of the order or judgment, whether original, appellate or revisional, passed by the Sessions Court or by the Magistrate in respect of an offence, the maximum punishment for which exceeds ten years imprisonment, to the Home Department along-with his opinion as to the advisability of filing an appeal or revision against such order or judgment. If that order or judgment is of an appellate or revisional authority and if he recommends an appeal or revision, a copy of the order or judgment of the original Court shall also be sent to the Home Department at least ten days before the last date for filing of the appeal or revision, as the case may be, indicating the last date in bold letters.
4. (4) On receipt of the said papers, the Home Department shall examine the matter in detail with reference to Court decisions and take a decision whether to file or not to file an appeal or revision. If it is decided to file an appeal or revision the main grounds on which the order of the lower Court is to be challenged shall be indicated in the file. It would not be correct for the Home Department to take summary decision without recording the reasons.

Appealable cases

1. (1) If it is decided that the order requires to be challenged in appeal or in revision, an order authorising the concerned Law Officer to prefer an appeal or revision, as the case may be, shall be issued. Copy of such order shall be sent to the Director of Prosecutions and Government Litigation and Director General of Police along with,
   • (a) the copy of the order sent to the Law Officer;
   • (b) a note containing the main grounds to be canvassed before the Court; and
   • (c) Citations, if any, in support thereof.
2. (2) On receipt of the order, the Law Officer shall prepare the memorandum of appeal or application for revision, as the case may be, and file the same before the Court within the period of limitation. A copy of the memorandum of appeal or application so prepared and filed before the Court along with a copy of the order of the Lower Court shall be sent to the Home Department, which shall maintain a separate file in respect of each case containing copies of all relevant papers.

Non-appealable cases Where there are no grounds to file an appeal or revision, the Secretary to Government, Home Department shall forward a note to the Minister for Law and take his approval on record.

When an appeal or other proceedings is instituted against the State Government and a notice in respect thereof is served on any officer of the Government, he shall send it to the Home Department and a copy thereof shall be sent to the Director of Prosecutions and Government Litigation who shall examine the case and send a report indicating the pleas to be urged before the Court. On receiving such report, the Secretary to Government Home Department shall examine the matter with a view to improvising it and if satisfied, authorize the Law Officer, by order, to appear for the State Government.

Procedure upon disposal

1. (1) As soon as may be after the disposal of the appeal, revision or other proceedings are disposed of by the High Court the Law Officer shall communicate the result of appeal to the Secretary to Government, Home Department and the Director of Prosecutions and shall, without loss of time, secure a certified copy of the judgment or order, as the case may be.
2. (2) Soon after obtaining the certified copy, the Law Officer shall forward the same to the Secretary to Government, Home Department with his opinion about the prospects of agitating the matter further in the Supreme Court. On receipt of the certified copy of the judgment or order along with the opinion of the Law Officer, the Home Department shall take a considered decision supported by cogent reasons for not proceeding further with the case.
3. (3) Where it is decided to pursue the case further before the Supreme Court, the Secretary to Government, Home Department shall issue necessary orders indicating the form of the action.

Where the Secretary to Government, Home Department decides that there are no grounds to take the matter further, he shall send a note to the Law Minister, in consultation with Law Department and obtain his approval on record.

The Director of Prosecutions shall while examining the matter under sub-section (2) of section 65, verify whether the case has gone against the Government because of any fault of the Investigating Officers or of the Officer-in-charge of the Prosecutions, and communicate his views to the Officer concerned. If in the opinion of the Director of Prosecution it amounts to misconduct, he shall initiate disciplinary action against the officer, unless he has no power to do so, in which case the case shall be reported to the Home Secretary for taking further action.

1. (2) The Prosecutors shall discharge their duties subject to the control and supervision of the Director and the Deputy Director of Prosecutions.
2. (3) The Superintendents of Police should invariably attend the Sessions Courts and watch the trial of Sessions cases especially murder and other heinous offences.