Public Prosecutor

A Public Prosecutor (PP) is a law officer appointed by the Central or State Government under Section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 24 CrPC) to conduct prosecutions on behalf of the Government in Sessions Courts and High Courts. The PP is not merely a State's advocate attempting to secure convictions — they are ministers of justice whose duty is to ensure that the truth emerges and justice is done, whether or not that results in conviction.

The BNSS provides for: (1) the Public Prosecutor — for the High Court (appointed by the Central or State Government); (2) Additional Public Prosecutors — for the Sessions Court; and (3) Assistant Public Prosecutors — for courts of Magistrates. The Government may also appoint a 'Special Public Prosecutor' for a specific case or a class of cases — commonly done in high-profile matters (terrorism cases, high-profile corruption cases, and special court matters like POCSO and NIA trials).

The role of the Public Prosecutor is constitutionally significant. The PP controls the prosecution — the victim or the investigating agency does not. This means the PP can, in appropriate cases, apply for withdrawal of prosecution (Section 360 BNSS, formerly Section 321 CrPC) — which, if permitted by the court, results in acquittal. The PP's power to withdraw is not absolute — the court must give consent, and the PP must exercise independent judgment (not merely follow executive direction), as held in Sheonandan Paswan v. State of Bihar (1987).

The victim's relationship with the Public Prosecutor is an evolving area of law. Under the BNSS, the victim has an explicit right to be heard — including through the victim's own counsel — at specified stages of the trial. This recognises that the PP, as the State's counsel, may not always adequately represent the victim's individual interests (particularly where the PP is under political pressure to go soft on influential accused). The victim's right to engage a private advocate to assist the PP (particularly in serious cases) has been recognised by courts.

For advocates, the PP represents an important counterpart in criminal practice. Defence advocates should be aware that: (1) the PP can apply for withdrawal under Section 360 BNSS — where politically motivated prosecutions are initiated, a change of government may lead to withdrawal attempts, which the court must scrutinise independently; (2) the PP must disclose all material evidence to the defence including exculpatory evidence (the Brady rule equivalent in Indian law); and (3) appointment of PPs without the required 7-year practice is a challenge-able ground — an unqualified PP's conduct of the case may be used to argue denial of fair trial.