Career As A Public Prosecutor In India: All You Need To Know

Who Is A Public Prosecutor?

Under the present system, the prosecution and reprimand for the crime is the responsibility of the state and not that of the victim of the crime. A Public Prosecutor, abbreviated as PP is an advocate who signifies the state or the people of the state in a criminal trial. They are responsible for pleading punishment for individuals accused in a crime. The best public prosecutors are those with the highest conviction rates, as opposed to defence lawyers who push for the highest acquittal rates.

Public Prosecutor has been defined in the Code of Criminal Procedure under Section 2 (u) as under:- “Public prosecutor meaning is a person appointed under Section 24; it further includes any person acting under the directions of a Public Prosecutor.” In this article, Team YLCC covers in detail the career option of working as a Public Prosecutor in India. Read on!

Types Of Public Prosecutors In India

In India, depending on their designation and appointing authority, public prosecutors are classified which decide their powers and the cases they handle. According to Section 24 of the Code of Criminal Procedure, the types and hierarchy of Public Prosecutors is as follows:

• At the top of the hierarchy is the Public Prosecutor who is appointed by the Central Government;
• This is followed by the Public Prosecutor appointed by the State Government;
• Next is the Additional Public Prosecutor appointed by the State Government; Additional Public Prosecutors usually work on cases in the Sessions Court.
• The Special Public Prosecutor appointed by the Central Government;
• The Special Public Prosecutor appointed by the State Government;
• At the lowest rung of the hierarchy comes the Assistant Public Prosecutor appointed by the Central Government. They scrutinize the charge sheets prepared by the investigating agencies and submit the discharge/ acquittal. They are further in charge of evaluating the evidence and filing revision petitions as well as conducting cases in the Court of Metropolitan Magistrates.

Important Skills To Become A Public Prosecutor

Due to the immense responsibility that they carry on their shoulders, public prosecutors are required to possess a robust skillset that allow them to discharge their duties efficiently. Some of these skills have been mentioned below:

• Excellent Communication skills
• Intellectual ability with regards to legal provisions
• Ability to absorb, understand and analyse large amounts of information
• Good presentation skills
• Ability to handle pressure, long hours, demanding deadlines and high degree of ethical responsibility
• Clear and concise writing and drafting skills
• Being able to pay attention to details
• Concrete knowledge of the law and specific subject-matter of any case
• Staying acquainted with the latest updates with regards to law
• Creative problem-solving ability coupled with a rational approach
• Good proofreading skills

Needless to say, one must make a consistent effort to cultivate these skills which become better and better with the passage of time and more work experience.

Role Of Public Prosecutors In India

The office of the Public Prosecutor is one of the most important aspects of the criminal justice system in India. Without proper prosecutors in place, it would not be possible to sustain an effective legal system. The job profile of a Public Prosecutor is immensely challenging. Public Prosecutors are part of the judicial procedure and are considered to be officers of the Court. They are in charge of the trial, appeal and other processes in Court. Major task of a public prosecutor is to assist the court by placing before the court all pertinent aspects of the case. They have to deal with different fields in the administration of justice. Among other things, the primary responsibilities of a PP include:

• Representing state in sessions cases and lending advice to officers in districts in all legal matters, when called for
• Studying records of cases sent to Sessions Court by Trial Magistrate and guaranteeing against omission and irregularities, which might vitiate proceedings in court
• Presenting evidence, conducting cross-examination and arguing case for prosecution
• Appearing and pleading on behalf of prosecution in all appeal cases, application for reduction of sentences, etc.
• Advising Government Officers in district regarding any civil or criminal proceedings and matters concerning Government interests
• Allotting legal work to Assistant Public Prosecutors Appearing for
• Government in civil and revenue cases, if designated as Government Pleader
• Advising Government to withdraw prosecution in appropriate case
• Conducting pre-trial investigation in civil and criminal case
• Supervising implementation of penalties
• Protecting rights and lawful interests of persons and the State in accordance with procedures established by law
• Submitting claims and applications to courts in cases as required by law.

Eligibility To Apply For Public Prosecutor In India

• All applicants must have a recognised undergraduate degree in law e.g. LL.B, BA.LLB. or BBA.LLB., etc.
• Individuals who wish to become public prosecutors must appear for the examination that is set by the Union Public Service commission (UPSC). The written test is followed by an interview. The selected candidates will be notified through mail.
• A person shall only be eligible to be appointed as a Public Prosecutor if he/ she is a citizen of India
• Applicants must practice as an Advocate for a period of not less than seven years.
• Candidates must be not less than 35 years and not more than 45 years of age at the time of applying (The maximum age limit of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes shall be may be fixed by the Government from time to time.)

Why To Become A Public Prosecutor

• Upon gaining enough experience, Public Prosecutors can become one of the top-paid legal professionals in the field.
• Public Prosecutors are highly respected across all sectors once they get recognition for their work.
• With their work, Public Prosecutors get the opportunity to help others by implementing the criminal law framework of the country and bringing justice to victims of criminal activities.

However, the career of a public prosecutor is not without its own drawbacks. The job can be quite stressful especially at the beginning of one’s career. Moreover, the workload of public prosecutors often translates into long working hours which may cause fatigue and health issues and poor work-life balance for the individual.

Important Books For A Career In Public Prosecution

For individuals who are aspiring to become a public prosecutor, given below is a list of leading books that one must go through. These books are important not only for the perspective of preparation but also for giving critical practical insights into the profession.

• ‘Universal’s Guide to Assistant Public Prosecutor Examination’ by Gaurav Mehta
• ‘A Handbook for Public Prosecutors’ by B.D. Chipeta
• ‘The Evolving Role of the Public Prosecutor: Challenges and Innovations’
• ‘Prosecution Principles: A Clinical Handbook’ by George R. Dekle Sr.

Challenges Currently Facing A Career As A Public Prosecutor

• The strength of the public prosecutors in almost all the states is very low because of which the public prosecutor has to face the numerous challenges. As a consequence of shortage, the existing public prosecutors have to see work across two to three courts daily. The workload is such that sometimes he may not even get the time to have his lunch. Apart from the prosecution work he also has the other obligations to fulfil like helping police in their investigation, processing the challan, giving legal opinions on matters referred to him by the bureaucrats, etc. All of these not only creates the frustration in mind of the prosecutor but also prevents him from giving time to his family, friends and relatives. This gradually leads to poor job satisfaction.
• The lack of co-ordination between the prosecutors and the police is one of the major challenges that are being faced by the public prosecutors. The police officer though required, but is hardly aware of the legal intricacies involved in the particular case. He either intentionally or unintentionally misses the various important evidences or links that are very important to particular case of which the public prosecutor is not apprised of during the investigation. The prosecutor only comes to know about the same at the time when the investigating officer submits his report/challan under section 173(2) Cr.P.C and at that time, the public prosecutor has little or no recourse to solve the issues.
• The training of the public prosecutor both at entry level and during the service, is indispensable keeping in mind the role attached to the office. But unfortunately, the public prosecutors are not being imparted with the proper training. According to the research paper presented by the Gurpuneet Singh Randhawa and Dr. D.J Singh on challenges faced by the Indian Prosecution System, 80% of the public prosecutors are of the view that there is need to improve the service training within the department.

Remuneration Of A Public Prosecutor

• The salary of an Assistant Public Prosecutor salary in India ranges between ₹ 2.0 Lakhs to ₹ 9.7 Lakhs with an average annual salary of ₹ 5.8 Lakhs.

YLCC would like to thank its Content Team for their valuable insights in this article.