About Prosecution

Ideally, the department of Prosecution is headed by Directorate of Prosecution (DoP), at the state level to exercise supervision and scrutiny of work relating to various prosecution agencies at Sessions and Asst. Sessions level except at the High Court level. Public Prosecutor is responsible for supervision of work conducted by Additional Public Prosecutors in the Sessions Courts. Chief Prosecutors supervise the work conducted by Assistant Public Prosecutors in the Court of Metropolitan Magistrates, where the Asst. Public Prosecutor officers scrutinize charge sheets and submit discharge/acquittal. There is a slight variance in above mentioned structure for different states as Section 25(8) of the CrPC provides that the Central or State government may appoint a special public prosecutor (SPP) for any case or class of cases. Provisions for appointment of SPPs are also found in special legislation like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Andhra Pradesh State Prosecution

The Directorate of Prosecutions was established in the year 1986 in pursuance of the recommendations of the Law Commission as well as the National Police Commission besides One Man Police Commission, vide GO Ms. No.323, Home (Courts. C) Department, Dated: 2605-1986. After bifurcation, the Government of Andhra Pradesh issued orders in G.O.Ms.No. 166, Home (Legal-II) Department, dated 26-10-2017 entrusted the administrative control of the Director of Prosecutions from Law Department to Home Department. The functions under the administrative control of the Home Department.

The Directorate of Prosecutions is located at Vijayawada, Andhra Pradesh State having control all over the prosecutors (Cadre & Tenure) in the State as per provisions laid down in Sec.25-A of Criminal Procedure Code, 1973and monitor the performance of the Prosecutors, cases conducting by prosecutors before Magistrate and Sessions Courts Issue directions/instructions/ advises from time to time to them for successful prosecution and conduct workshops/ trainings to enhance their efficiency, in co-ordination with the Deputy Director of Prosecutions from District Level.

The Directorate of Prosecutions is making every endeavour to strengthen the Prosecutions Department to improve the conviction rate and to reduce the pendency of criminal cases, motivated to professionalize the services creating accountability on the Prosecuting Officers .The Deputy Director of Prosecution heading District Prosecution office and designated as legal Advisor District Magistrate, Superintend of Police/ Commissioner of Police and all District officers in all Criminal matters. All the Prosecuting officers in the State offer legal opinions and prepare draft charge sheets and complaints. Directorate of Prosecution identify the criminal cases from the monthly work done statements submitted by the prosecutor, called for brief notes on the case to identify the lapses and lacuna in investigation and trial and issue necessary instructions to them to rectify lapses and also advise the prosecuting officers to prefer appeals in case of acquittal or insufficient of evidence. The Directorate of Prosecuting thrive for justice to the victims and made efforts to punish the culprits by the courts and awarding compensation to the victims from the accused and from state.

Assam State Prosecution

The department of Prosecution is headed by Directorate of Prosecution (DoP), who is the ADGP(Prosecution) of Assam Police organisation.

Public Prosecutor is responsible for supervision of work conducted by Additional Public Prosecutors and Assistant public Prosecutors in the district level at the Sessions Courts.

Bihar State Prosecution

Directorate of prosecution in Bihar works under the Department of Home. Director, Prosecution is the head of the directorate. In field, there are District Prosecution Offices and Sub-divisional Prosecution Offices. The District Prosecution Offices are headed by District Prosecution Officer (D.P.O) under whom Sub-divisional prosecution officer, Selection Grade/Addl. Public Prosecutor, Selection Grade (S.D.P.O. Selection Grade/Addl. PP Selection Grade), Sub-divisional Prosecution Officer/ Add. P.P. (S.D.P.O. / Add. P.P) and Assistant Prosecution Officer work. All Prosecution Officer perform their prosecution work independently in the court allotted to them. The Prosecution Officers under the District Prosecution Offices work up to the court of C.J.M. (Chief Judicial Magistrate).

In compliance to the Sec. 25A of the Cr. P.C., 50% of session's courts have been ordered to be allotted to the prosecution officers of regular cadre by the Hon'ble Patna High Court. It is in process of implementation. At present mostly prosecution work in the session's court is conducted by the P.P., Spl. P.P. and Addl. P.P.S. appointed from the private advocates on tenure basis by Law Department.

Chandigarh UT Prosecution

The Legal Remembrancer has been designated as Director of Prosecution, Chandigarh Administration. On the prosecution side there are two District Attorneys, 10 Deputy District Attorneys along with a team of 20 Assistant District Attorneys who defend the cases on behalf of Chandigarh Administration before the District Court, U.T., Chandigarh and Consumer Courts in U.T., Chandigarh. Apart from this, the department also have panel of Advocates for arranging defense on behalf of Chandigarh Administration before the Hon’ble Supreme Court of India, New Delhi, Hon’ble High Court Punjab and Haryana, Chandigarh and Hon’ble Central Administrative Tribunal, Chandigarh. The prosecution wing of the department is headed by Legal Remembrancer who is the Head of the Department and the Principal Secretary Home is the Administrative Secretary of the department i.e. Principal Secretary Law.

Functions

The main function of the prosecution wing of the Law Department, Chandigarh is to arrange the defence of the cases on behalf of Chandigarh Administration pending before the various courts throughout India.

Chhattisgarh State Prosecution

After the formation of the State Chhattisgarh, Prosecution Directorate is functioning in its original form from 01 November 2000. The main responsibility of Public Prosecution Department is to carry out a meaningful role in the judiciary while advocating for criminal cases. The director is the head of the Department of Public Prosecution. The Deputy Director Prosecution which is an additional public prosecutor is tried by the courts in the Sessions Courts and the prosecution of criminal cases in the subordinate courts is subordinated by the District Prosecution Officer and the Assistant District Prosecution Officer.

In addition to the cases of Police Department by the prosecution officers, the prosecution is conducted in all criminal cases submitted by Excise Department, Forest department, Department of Food and Drug Administration, Department of Deposits and Department of Expenditure. Thus, the proper benefit of long term experience of prosecuting officers of the regular cadre is done to bring justice to the suffering victims. In the cases where the prosecution disagrees on the decision of the court, the proceedings of the Appellate Tribunal are done in the senior court.

Delhi State Prosecution

The National Capital Territory (NCT) of Delhi has two completely distinct and unconnected prosecution systems operating for the Subordinate Courts and for the High Court respectively.

The Prosecuting Officers in Delhi were part of the Police Department prior to the amendment of the Cr.P.C in 1974 as in the rest of the country. Subsequent to the Amendment, the Delhi Government has set up the Directorate of Prosecution (DOP) headed by the Director of Prosecution to conduct prosecution in subordinate courts in the National Capital Territory. At the time of its inception, the DOP was placed under the Law Department of Delhi Government. Subsequently, the DOP was placed under the Deputy Commissioner in 1980. With changes in the organization of the Police Administration, this too was abandoned and the Directorate was placed under the District Magistrate. Since 1997, the DOP is being administered by the Home Department of the Government of NCT of Delhi.

The DOP comprises a cadre of prosecuting officers entrusted with the prosecution of cases in Session Courts and Magistrate Courts in Delhi. As per the scheme envisaged in the Code of Criminal Procedure, Prosecuting Officers are supposed to play an impartial and neutral role and prosecute all persons who have been charge-sheeted by the police. This task is managed by a team of selected officers who work under the guidance and supervision of Director of Prosecution. At present, the Directorate is headed by the Director assisted by 1 Public Prosecutors (HQ). There are 14 Chief Prosecutors under the Director of Prosecution, accompanied by 110 Additional Prosecutors/ Senior Prosecutors and 183 Assistant Public Prosecutors.

The foremost objectives of the Directorate include fair trial of the accused/prisoners. Prosecuting Officers assist criminal courts in disposal of the cases. The Directorate aims at prompt, efficient and speedy service to the litigant/aggrieved persons for achieving the ends of justice, ensuring judiciousness and speedy legal remedies. The main functions of the Directorate include controlling the prosecution of criminal cases both at Sessions as well as Metropolitan Magistrate Courts. Cases registered and investigated by the police are referred to the Prosecution agency for scrutiny, and thereafter its institution in the courts for prosecution which is conducted by the Assistant Public Prosecutors/Additional Public Prosecutors.

Public Prosecutor plays an important and indispensable role in the Criminal Justice System in India. He is the custodian of public interest. He is supposed to render impartial assistance to the courts of law in deciding the criminal cases. Thus, Prosecutor's role being the representative of the State in criminal trial is to facilitate justice to the victims/aggrieved. The profession has undoubtedly played its role altruistically in the larger interest of the society.

Goa State Prosecution

The Directorate of Prosecution was established in the year 1982. The office of the Directorate of Prosecution is the Headquarter of the Prosecution of the State having its office in Shrama Shakti Bhavan, 7th floor, at Patto Panaji.

The Directorate is headed by a Director, who is an overall supervisory authority of the Prosecution in the state. The Director acts as the co-coordinator between the Investigating Agency and the Prosecutors. This prosecuting Agency is separate and independent from the Investigating Agency and also from the Judiciary. The Directorate is responsible for the conduct of the prosecution in all the courts in this state and has liberty of scrutinizing the evidence in all the cases prior to their filing in the courts and ensures that the investigation is conducted in accordance with law.

Haryana State Prosecution

Consequent upon the separation of Prosecution Agency from the Police Department and with the enforcement of Section 25A of the coming into force the amendment in the Code of Criminal Procedure, 1973, the office of Directorate of Prosecution is established which controls the cadre of District Attorneys, Deputy District Attorneys and Assistant District Attorneys posted at District Headquarters, Sub-divisions and also posted in various departments to conduct civil and criminal cases in the courts and tenders legal advice to various Government Departments, Boards and Corporations.

Duties/Functions of Prosecution Department Haryana

• To conduct Civil, Criminal litigation affecting the State in the various Courts in the State.
• To tender legal opinion/advice to the Head of departments in respect of litigation pending affecting the State.
• To scrutinize Police report U/S 173 Cr.PC. (Challan) in criminal cases before they are put-up before the court of competent jurisdiction.
• To conduct all appeal cases affecting the State in the District Courts.
• To facilitate litigation affecting the State and its officers out of the State of Haryana.
• To examine judgment affecting the State and its officer and to advice the Head of department whether further appeal/revision is to be filed against the judgement/order on behalf of the State.
• To institute execution proceding in the cases decided in the favour of the State and recover amount awarded as cost to the State.

Himachal Pradesh Prosecution

1. Background of the Directorate of Prosecution:-

Directorate of Prosecution was established on 1.4.1974 consequent upon the coming into force the provisions of criminal procedure code, 1973.The prosecution department is engaged in the activities for looking after the work of State Litigation both civil and criminal cases in the various judicial Courts as well as revenue courts throughout state of Himachal Pradesh. With the enactment of criminal procedure code 1973, the prosecution agency was separated from the police and a regular cadre of prosecutors was constituted in a separate Director of Prosecution, Initially consisting of District Attorney–cum-Public Prosecutor, Deputy District Attorney-cum-Public Prosecutors, Assistant District Attorney-cum-Assistant Public Prosecutor (APP). Secretary (Law)-cum-legal Remembrance was given the charge of post of Director Prosecution in 1974.In 1996, the Directorate was brought under the control of Home Department vide notification NO. 5-5-2/71-GAD (CC) dt.5th October, 1996 by amending the business of the government of Himachal Pradesh (Allocation) Rules.1971 as under: “The business of the government of Himachal Pradesh (Allocation) Rules, 1971, under heading “Home Department –(a) Home”, the following shall be inserted as new entries:- Appointments,Postings,Transfers,Leave etc of the Government Pladers,Public Prosecutors, Special public prosecutors and district Attorneys, DY.District Attorney and Assistant District Attorney . Defense or institution of Criminal cases on proceedings field against or by, the State Government in Supreme Court, Entertainment of summons issued by the Supreme Court in these cases. Monitoring of all the criminal cases and proceedings field against or by the state in the Supreme Court. All matters relating to the establishment, Budget of the directorate of Prosecution. “A separate full time a Director of Prosecution was appointed on 14.2.1997. The Director of prosecution attained statutory status following the enactment of section 25A through the criminal procedure code (Amendment) Act,2005, which came into force on 23.6.2006. At present in the state of H.P. the directorate of prosecution has director of prosecution, Joint directors (Prosecution), District Attorneys, Deputy District Attorneys and Assistant District Attorneys including Law Officers seconded to other departments (Govt./Board/ corporation).

2. Responsibilities and duties of its Officers:-

• (i) Director of Prosecution:

  The state government has appointed Director of prosecution as per provision of section 25-A of criminal procedure code with the concurrence of Hon’ble Chief Justice of HP High Court. The director of prosecution performs statutory functions as notified by the state government under sub section (7) of section 25-A of Criminal procedure code ( Act No.2 of 1974) vide notification NO. home (prosecution) b(14-2/04 dated 12.1.2007.Director of prosecution agency of the state and exercise the control over prosecution department in the matters relating to finance, planning budgeting ,Human resource management and infrastructure management and, appointing and disciplinary authority under the provisions of central civil services ( control, classification & Appeal) Rules,1965 and central civil services(conduct) rule 1964 in respect of class III and IV employees of the prosecution department.

• (ii) Joint Director (Prosecution):

  In the prosecution department, 3 posts of joint director are sanctioned, out of which one post of joint director (prosecution) in north zone, Dharamshala and 2 joint director (Prosecution) are working in the Directorate of prosecution,Hqrs to aid and assist the director of prosecution in the day today functioning of the department.

• (iii) District Attorneys:-

  The district attorneys while functioning as public prosecutor and govt pleader shall work as under: (a) District Attorney shall be in the charge of the district prosecution agency and is responsible for ensuring conduct of state cases civil, revenue, criminal and other miscellaneous matters throughout the district including motor vehicle/labour/consumer matters.

  (a) He shall tender opinion on legal matters at District level when called upon by the district magistrate or directed by the director or Joint director (Prosecution).

  (b) He shall facilitate scrutiny of challans in criminal cases by law officer/Prosecutor subject to general directions of the director of Prosecution.

  (c) He shall cause the preparation of grounds of appeal in civil/criminal matters etc. after examining all the cases of acquittal/inadequate sentence passed at session’s level or in other cases where appeal is to be filled in the high court.

  (d) He shall also perform any other duty assigned by director of prosecution,

  (e) He shall further communicate all the instructions issued by the director of prosecution/State government to all the law officers/Posted under his control.

3. Deputy District Attorney:-

The government of Himachal Pradesh Vide notification NO. LLR-B (1A)-2/89 dated 18th February, 1994 has notified all the Deputy District Attorneys of Prosecution as public prosecutors for conducting prosecution in the state of Himachal Pradesh under the provisions of the criminal procedure codes.

The deputy District Attorneys shall draft plaints/written statements replies and affidavits in cases relating to their court in matter court to which they are assigned, scrutinize the challans on the scrutiny memo format before the challans is put in the court. Scrutiny of the police challans relating to their high court or as marked to them by district Attorney before its submission to the concerned courts will also be carried out by them and they shall also look after the additional work, which is assigned by the District attorney. They shall draft plaints/written statement/replies and affidavits relating to their high court and matters assigned to them by the district attorney. The assistant district Attorney is the office in charge of the prosecution department at the sub divisional level and while exercising the powers of drawing and disbursing officer, he also looks after the establishment and accounts matters.

Jammu and Kashmir Prosecution

In J&K Police there is a separate Prosecution Cadre headed by an officer, designated as Director Prosecution posted in the Police Headquarters, who in turn is assisted by Joint Directors Prosecution, Dy. Directors Prosecution, Chief Prosecuting Officers, Sr. Prosecuting Officers and Prosecuting Officers. All the Departmental litigations viz writs petitions, appeals, civil suits, claim petitions, SLPs, Contempt petitions, Criminal Prosecution are conducted / dealt with and supervised by this cadre. The officers of this wing being Police officers are also posted in the field for various law and order duties besides, act as Law instructors and legal advisors of the Department.

Jharkhand Prosecution

The Directorate of Prosecution, Jharkhand functions under the administrative control of the Department of Home, Prison and Disaster Management, Govt of Jharkhand.

The Directorate of Prosecution Jharkhand was established in the year 2016 in pursuance of 25A of Cr.Pc. (amendment) Act 2005. The state government of Jharkhand has appointed (01) one Director Prosecution and three Deputy Director Prosecution on the recommendation of the Jharkhand Public Service Commission and with the concurrence of the Hon'ble Chief Justice of Jharkhand High Court. The Director Prosecution is the head of the Directorate.

The Directorate of Prosecution is located at Ranchi, that exercises control over the works of the prosecutors in the state as per the provision laid down in see 25A Cr.Pc.

The District Prosecution offices are headed by the public prosecutors, the Asst. Public Prosecutor and Addl. Prosecutor conduct prosecution under his administrative control. The Sub divisional offices are headed by Addl. Public Prosecutors (I/C) under whom Asst. Public Prosecutor work. The Asst. Public Prosecutorconduct prosecution up to the court of C.J.M., the prosecution work in the court of Additional District and Session Judges ae conducted by Addl. Public Prosecutor and Public Prosecutors conducts prosecuting in the court of Principal District and Session Judge. In the State of Jharkhand, the posts of Asst. Public Prosecutor to Public Prosecutor are cadre posts, so no private lawyer has been engaged.

Karnataka State Prosecution

Based on the recommendations made in the 14th Report of the Law Commission, the Government of Karnataka ventured for the establishment of a separate and independent Director of Prosecutions for the effective conduct of Prosecution in heinous cases, and in all criminal cases and civil cases in subordinate courts on behalf of Government. The main object in constituting Independent Directorate of Prosecutions to find out whether the materials collected during the course of investigation are sufficient to make an accused stand trial in the court of a Magistrates and Sessions Judges, to adduce evidence and to submit effective arguments to bring book real culprits.

The Government of Karnataka in their order No. LAW 114 LAG 72 dated: 30.12.72, directed the Constitution of a Directorate of Prosecutions, keeping in view the recommendations of Law Commission Report and again in G.O. No. LAW 15 PPE 73, DATED: 20.3.73, laid down the organizational set up and the main functions of Directorate of Prosecutions.

The Government of Karnataka in its G.O.No. DCA 7 ARB 2004, dated: 22.09.2004 entrusted the administrative control of the Director of Prosecutions from Law Department to Home Department.

So now The Directorate of Prosecution , Karnataka functions under the administrative control of the Home Department. The Director of Prosecution is the controlling authority for all the overall administrative functions of the prosecution department.

Directorate of Prosecution is the independent authority responsible for prosecuting criminal cases investigated by the police in Karnataka. As the principal prosecuting authority in Karnataka, we are responsible for

• Advising the police on cases for possible prosecution
• Determining any charges in all but minor cases
• Preparing cases for court
• Presenting cases at court

The Directorate is working to become a world-class, independent prosecuting authority that delivers a valued public service by Strengthening the prosecution process to bring offenders to justice: providing an independent prosecution service, advising the police before charge; building the strongest possible prosecution case and presenting that case fairly in the courts on behalf of the public.

Championing justice and the rights of victims:assessing the needs of victims and witnesses and their likely evidence from the outset and throughout the life of the case;making sure their experience of this Directorate encourages them and others to come forward in future to play their part in bringing offenders to justice. Inspiring the confidence of the communities we serve:being visible, open and accountable for our decisions; being responsive to the needs of the community and providing a valuable public service; being seen as instrumental in bringing them to justice.

Driving change and delivery in the Criminal Justice System: as a self-confident leader; influential in delivering local criminal justice and in shaping the CJS of the future. Being renowned for fairness, excellent career opportunities and the commitment and skills of all our people: where everyone is treated on merit; where people of ability can rise to the top and where all our people are renowned for their commitment, skills and dedication to justice.

Having a strong capability to deliver: by transforming HQ support to frontline delivery; improving the management of prosecution by harnessing IT to support this Directorate'™s working; and delivering through effective programme and project management.

Kerala State Prosecution

Directorate of Prosecution, Kerala is functioning under the department of Home, Government of Kerala. The key purpose of the Directorate is to streamline the conducting of prosecution works for and on behalf of the State Government before the Magistrate Courts and to monitor the performance of the prosecution work in various Magistrate courts.

The Directorate of Prosecution was established in the year 2000 as per G.O(Ms) No.224/2000/Home dated 13/10/2000 under the Home Department, Government of Kerala.

Additional Chief Secretary is the Head of Home Department. The administrative and supervisory control of the DDPs & APPs are vested upon the Directorate. The Director General of Prosecution is the head of the Directorate of Prosecution and ably assisted by the Director of Prosecution (Admn). The Director General of Prosecution deliver legal opinions in important cases and is the State Public Prosecutor and Attorney of Kerala Lok Ayukta. There are 15 numbers of Deputy Directors of Prosecution and 138 Assistant Public Prosecutors presentl working under the supervisory control of the Director General of Prosecution and Director of Prosecution(Admn). DOP(Admn), DDPs & APPs are regular and permanent employees who are governed by the Kerala Service Rules where as the appointment of DGP is by the Government on tenure basis for a continuous period of 3 years.

DDPs are the district level officers and each district has APPs and they are attached to the JFCM Courts except those conducting prosecution duties in Additional Chief judicial Magistrate Courts located at Thiruvananthapuram, Ernakulam & Kannur.

Ladakh State Prosecution

Officers of the Prosecution Department is entrusted with the duty of conducting criminal trial of cases in the Courts of Law instituted on Police Reports. Prior to 30.10.2019, the prosecuting officers for conducting prosecution in magaistrail courts were part and parcel of the J&K Police and were recruited by th J&K Police only. Public Prosecuter were appointed by the Law Department on a monthly honorarium (or conducting prosecution of criminal cases in the Session Courts.

However, vide Govt, order No 1104-Home of 2019 the Govt. of J&K estblished Directorate of Prosecution (Under the Home Department) comprising of members of the J&K Police Presecution officers and these officers ceased to be Police officers. The Govt. of J&K vide SRO 941 dated 28.10.2019 sanctioned 03 Chief Prosecuting officers (CPO) & 02 Senior Prosecuting Officers and vide SRO 942 date 28.10.2019 sanctioned 06 prosecuting officers (PO) for the UT Laddakh.

The overall Sanctioned and Posted strength Prosecutors is as under:

The Administration of Union Territory of Ladakh vide S.0 No 03 of 2019 appointed the Senior Prosecuting Officers and Prosecuting Officers as Assistant Public prosecutors allocating CJM to the Sr. Prosecuting officer / APPs and other Magisteril Court to the prosecuting officers / APPs. Whereas vide 5.0 No 02 of 2019, Sr. Prosecuting officers / APPs were allocated the Session Courts

At present one Sr. PO / APP and one PO/APP is posted in each Districts of Leh & Kargil. The Sr. PO /APP is conducting prosecution in the Session Court and CJM court in the respective Districts whereas one PO / APP is conducting prosecution in the Magaistrail Court in the Concerned Districts.

However, presently Directorate Prosecution Ladakh is not established after the bifurcation of State into UT J&K and Ladakh.

Lakshadweep State Prosecution

The department of Prosecution in Union Territory of Lakshadweep is headed by a Senior Central Government Standing Counsel at High Court of Kerala & Lakshadweep.

A Public Prosecutor and an Additional Public Prosecutor are attending prosecution of criminal cases at District and Sessions Court at Kavaratti Island, and two Assistant public Prosecutors are attending prosecution of criminal cases at Chief Judicial Magistrate Court at Amini Island and at JFCM Court at Androth Island in Union Territory of Lakshadweep.

Public Prosecutors play an important and indispensable role in the Criminal Justice System. Prosecutors assist criminal courts in disposal of the cases. They are the custodian of public interest. They are supposed to render impartial assistance to the courts of law in deciding the criminal cases. Thus, Prosecutor's role being the representative of the State in criminal trial is to facilitate justice to the victims/aggrieved.

The primary objectives of the department of prosecution include fair trial of the accused/ under trial prisoners. The department of prosecution at UT of Lakshadweep aims at prompt, efficient and speedy service to the litigant/aggrieved persons for achieving the ends of justice, ensuring judiciousness and speedy legal remedies.

Madhya Pradesh State Prosecution

There are three important pillars of criminal justice administration - Court, Police and Prosecution.

In which the task of Prosecution is to provide justice to the victim through the court and punish the offender for criminal act by presenting proper evidence collected after the police investigation. In this way, the prosecution department acts as the backbone of the entire criminal justice administration and directly plays an important role in the smooth functioning of law and order. Headquarters of the Public Prosecution Directorate in Madhya Pradesh is located in Bhopal.

Under the current administrative system, one director, two joint directors, two deputy directors, five assistant directors and clerical staff are employed in the directorate. District Prosecution Offices are established at all district headquarters under the Directorate, in which Deputy Director Prosecution, District Public Prosecution Officer, Additional District Public Prosecution Officer and Assistant District Public Prosecution Officer are working. Apart from this, prosecution officers are on deputation in Police Headquarters, CID, EOW, Lokayukta, Women's Cell, SCST Branch, Police Training Institute, State Public Service Commission, Special Branch Police, Railway Police and State Cyber Cell.

The main responsibility of the Directorate of Prosecution, to conduct effective criminal cases on behalf of "State" in all magistrate's courts and sessions courts in M.P., to present the aspect of "State" means "Lok" and to punish the criminals. Before the formation of the Directorate, the prosecutor of the regular cadre used to work only in the Magistrate Courts, present the cases submitted by the "Police Department”. After the formation of the Directorate, along with the Police Department, the responsibility of presenting the cases of Forest Department, Food and Drug Administration Department, Napoleon Department, Excise Department has also been given to the prosecution officers.

Vision

• Establishment of a fair, independent and quality prosecution service in the state of Madhya Pradesh.
• To increase the trust of the public on the prosecution institution, discharge of duties through fairness, transparency, cooperation, responsibility.
• To establish the department on the global standards by creating strong prosecutions.

Mission

• To implement policy, process and law reformation.
• Providing citizen centric services to the citizens of the State.
• Reducing the pendency of casesby increasing rate of conviction in criminal cases.
• Adoption of sensitive and respectful behaviour towards victims and witnesses in the prosecution process.

Manipur State Prosecution

The Directorate of Prosecution, Manipur was established in 1983 under the administrative control of the Law & Legislative Affairs Department. The Directorate is named by 1(one) Director, 2(two) Deputy Director and staff.

One of the main functions of Director of Prosecution is to hold scrutiny of chargesheets by Police before submitting the same to the concerned Court. After scrutiny, the Director of Prosecution certifies the same as approved or returned to the Police for further rectification. For the latter group of cases (returned to Police for rectification), the Police after rectification will resubmit the chargesheets to the Director for consideration and approval.

The Director is head of prosecution under the State Government and he supervises the works/performance of all Public Prosecutors, Addl. Public Prosecutors and Asst. Public Prosecutors at the District level.

Meghalaya State Prosecution

Short write-up on State prosecution Department with Responsibilities :-Separation of Directorate of e-Prosecution is still pending. At present, it is being looked after by Law Department. However, Home Department will look after the Directorate of e-Prosecution after separation of Directorate.

Prosecution Department Hierarchy :-From among standing Advocate, the Public Prosecutors, the Additional Public Prosecutor and the Assistant Public Prosecutor are being appointed in consultation with the Deputy Commissioners and District & Sessions Judge under section 25 CRPC on yearly retention basis with fixed retaining fees and appearing fees.

Available working Designation of Department of Prosecution :-Public Prosecutors, Additional Public Prosecutors and Assistant Public Prosecutors.

Nagaland State Prosecution

The State of Nagaland has no Prosecution Direcorate. The Department of Justice & Law Department functions as the Ex-officio Directorate. The Public Prosecutor/Addl. Public Prosecutore is the head of the Prosecution wing in a district. He is responsible for overall Administration and matters related to prosecution in criminal cases. In matters of Civil cases where the Govt. / Department of the Govt. are involved, they are designed as Govt. Pleader. In every District the State Govt. appoints a Public Prosecutor and or one or more Addl. Public Prosecutor/Assistant Public Prosecutor to assist the Public Prosecutor.

Odisha State Prosecution

The Mission of the Directorate of Public Prosecutions is to fulfill its constitutional mandate by providing the people of Odisha with an independent, professional and effective prosecution service that operates with integrity, inspires public trust and confidence and safeguards the administration of justice throughout the State of Odisha.

The Directorate of Public Prosecutions, Odisha, is working under the Department of Home, Government of Odisha. The key function of the Directorate is to streamline the conduct of prosecution, for and on behalf of the State, before the Criminal Courts and to monitor the performance of the Prosecutors working in various sub-ordinate Courts in the State.

This Directorate was established in the year 1981 as per the letter No.61199/P, dated 21.12.1981 of the Government of Odisha in Home Department. Prior to the creation of this Directorate, the Prosecuting Officers working in different Courts were under the administrative and supervisory control of the District Magistrate and Collectors of the respective district. Since after formation of this Directorate, they have been brought under the administrative and supervisory control of the Directorate.

The Criminal Procedure Code (Amendment) Act, 2005 has brought about several changes, including a statutory Directorate of Prosecution and the Criminal Procedure Code (Amendment) Bill, 2006 promises more major reforms, based mainly on the Malimath Committee on reforms of the criminal justice system. Therefore, the role of this Directorate is to ensure and facilitate effective and competent conduct of Prosecution so as to bring the offenders to justice and to upkeep the faith of public in our justice delivery system.

The Director of Public Prosecution is the head of the Directorate being ably assisted by the Special Officer, Deputy Directors and an establishment of staff. The headquarters of the Directorate is situated at present at Toshali Bhawan, Block-B, 4th Floor, Satyanagar, Bhubaneswar-751007.

There are 967 Prosecutors working in the State. The number includes Public Prosecutors, the Special Public Prosecutors, the Additional Public Prosecutors, the Associate Lawyers and the Assistant Public Prosecutors. The Cadre Prosecutors are appointed through State Public Service Commission, whereas the non-cadre Prosecutors are appointed by the Government of Odisha in Law Department ordinarily on tenure basis for a continuous period of 3 years which may be extended at the discretion of the Government. The Cadre Prosecutors being permanent employees are governed by the Odisha Service Code.

Puducherry State Prosecution

The Directorate of Prosecution is a Wing of Law Department, Government of Puducherry.

The Director, Directorate of Prosecution is the Head of entire Prosecuting Machinery and exercise administrative control over the Prosecutors who are appointed in the whole of Union Territory of Puducherry, viz., Puducherry, Karaikal, Mahe and Yanam, including the Hon’ble High Court of Judicature at Madras. The Directorate also guide/assist them in conducting Prosecutions before the Courts.

Whenever the necessity arises, the Directorate of Prosecution, in consultation with the Hon’ble Chief Judge, Puducherry and with the approval of the Government, engages Special Public Prosecutors.

The Directorate tenders legal opinion and draft charge sheets on various case files received from the Police Stations, including the Vigilance and Anti-Corruption Unit, CBCID Unit, PCR Cell, Food Cell. Also, the criminal complaints to be filled by the various Departments in the Courts are also vetted, along with legal opinion in this Directorate.

Opinions regarding preference of appeal, if fit, before the Higher Forums are also being given by the Directorate of Prosecution.

Punjab State Prosecution

The Directorate of Prosecution and Litigation, Punjab is headed by Director Prosecution & Litigation who is also ex-officio Additional Secretary to Govt. of Punjab. The major activities of Department of Prosecution & Litigation are as under:-

• To tender legal opinion / advice to the Administrative Secretaries and Head of Departments in respect of threatened and pending litigation affecting the State and its Officers.
• To conduct civil, criminal and Revenue litigation affecting the State and its Officers in the various Courts in the State.
• To scrutinize charge sheets (challahs) in criminal cases before these are put in the courts of competent jurisdiction.
• To conduct MACT cases on behalf of the State.
• Conduct all appeal cases affecting the State and its officers in the District Courts.
• To facilitate litigation affecting the State and its Officers out of the State of Punjab.
• To examine judgments affecting the State and its Officers and to advise the Administrative Secretaries and Heads of Departments whether further appeal/revision is to be filed against the judgment/order on behalf of the State.
• To institute execution proceedings in the cases decided in favour of the State and to recover amount awarded as costs to the State.

Rajasthan State Prosecution

The Department of Prosecution was created on 1st April, 1974. Previously Prosecution wing was functioning under Department of Police. Presently Department of Prosecution is headed by the Additional Chief Secretary, Home Department Government of Rajasthan. The main function of the Department of Prosecution is to plead criminal matters/ cases on behalf of State Government in various criminal courts namely Judicial Magistrate, ACJM,CJM and Special Sessions Courts. Our mission is to prosecute and secure punishment to the offenders and to help the victims of crime to get Justice, which is the motto of the State Government to provide social Justice to its citizens.

Our objective

• Expedite of court cases and speedy justice to the citizens
• Provision of Legal Advise during Investigation
• Efficient advocacy on behalf of state government
• Provide appropriate justice to victims

Our Values

• Honesty and Integrity
• Impartiality and good conduct
• Commitment to duty

Sikkim State Prosecution

Presently the Prosecution Wing of the Government of Sikkim is managed by the Law and Parliamentary Affairs department. The details of the structure of Prosecution System and the regulations guiding them are as follows

• In order to effectively deal with the litigations involving the State Government, Advocate General, Additional Advocate General-cum-Public Prosecutor, High Court, Government Advocate-cum-Additional Public Prosecutor, High Court and two Assistant Government Advocates-cum-Assistant Public Prosecutors have been engaged for conducting cases in the High Court of Sikkim during the relevant period from 1994 to Present Date. Besides for dealing with cases in the Supreme Court and High Court at Delhi, Standing Counsel has been engaged.
• For conducting cases in the District Courts at Gangtok and Namchi, Offices of the Sr. Government Advocates-cum-Public Persecutors, Additional Public Prosecutors, Assistant Government Advocates cum Assistant Public Prosecutors have been set up. Further, upon setting up of District and Session Court at Gyalshing and Mangan, Government Advocates-cum-Additional Public Prosecutors and Assistant Public Prosecutors have been appointed and engaged for conduct of the Government cases in these courts. Besides, with the setting up of Civil Judge-cum-Judicial Magistrate Courts at Soreng, West Sikkim and Chungthang, North Sikkim and in order to effectively deal with the Government cases in these Courts, Assistant Government Advocates and Assistant Public Prosecutors have been posted for these Courts. For cases dealing with sexual offences in the State, one lady Additional Public Prosecutor has been appointed for the Fast Track Courts.
• For regulating the appointments and payment of fees etc. of Senior Government Advocates/Public Prosecutors, other Government Advocates-cum-Additional Public Prosecutors and for Assistant Government Advocates-cum-Assistant Public Prosecutors etc. the Law Department framed the Law Officers (Terms and Conditions) Rules, 1995. These rules were amended from time to time with a view to extend the facility of revision in the fees to the Government Advocates. The following amendments have been made till date.
  
  

• (a) The Law Officers (Terms and Conditions) Amendment Rules, 2001.

  (b) The Law Officers (Terms and Conditions) Amendment Rules, 2004.

  (c) The Law Officers (Terms and Conditions) Amendment Rules, 2010.

  (d) The Law Officers (Terms and Conditions) Amendment Rules, 2017.

  (e) The Law Officers (Terms and Conditions) Amendment Rules, 2019.

• For regulating the Government cases in the various Courts, the Law Department framed the Sikkim Government Conduct of Litigations Rules, 2000. During the period, Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors were also sent for training at LNJN National Institute of Criminology and Forensic Science, New Delhi under the 13th Finance Commission Grant. Besides, training to the Public Prosecutors, Additional Public Prosecutors and Assistant Public Prosecutors were also imparted through the Sikkim Judicial Academy.

Telangana State Prosecution

The Department of Prosecutions was established in the year 1986 in the combined State of AP, pursuant to the recommendations of the Law Commission as well as the National Police Commission besides One Man Police Commission, in the year 1986 Vide GO Ms. No.323, Home (Courts. C) Department, Dated: 26-05-1986. It was established with a view to bring all the Prosecuting Officers in the State under the administrative control of the Directorate of Prosecutions to streamline their work, improve efficiency, accountability and to ensure coordination between the Police and the Prosecuting Officers.

In furtherance of the AP State Re-organization Act, 2014, a new State of Telangana was carved out. Under the dynamic leadership of the present Government, a new thrust is given to improve the efficiency and efficacy of various departments including the Prosecutions Department.

The Directorate of Prosecutions is operated from its Head Office at Lakdikapool, Hyderabad. It supervises the performance of the prosecutors and exercises control over them in the State and Superintendent of all Prosecutors of the State (Sec.25-A of Cr. PC). The Directorate coordinates with all the District Prosecuting Officers through the Deputy Director of Prosecutions (DDOPs) at district level who are the Drawing and Disbursing Officers. The Deputy Directors of Prosecutions are of the Cadre of Additional Public Prosecutor Gr-I.

Vision of Directorate

• To develop a prosecution system on par with the global standards.
• To ensure fair, impartial and expeditious justice to Victims of Crime.
• To set & enhance skills, knowledge, professionalism & ethics in Prosecution.
• To promote integrity, proficiency & accountability in the Department of prosecution.
• To sensitize and share knowledge with other stake holders of Criminal Justice System.

Tamil Nadu State Prosecution

Directorate of Prosecution is the independent authority responsible for prosecuting criminal cases investigated by the police in Tamil Nadu. As the principal prosecuting authority in Tamil Nadu, we are responsible for

• Advising the police on cases for possible prosecution
• Reviewing cases submitted by the police
• Determining any charges in all but minor cases
• Preparing cases for court
• Presenting cases at court

Vision

The Directorate is working to become a world-class, independent prosecuting authority that delivers a valued public service by

• Strengthening the prosecution process to bring offenders to justice: providing an independent prosecution service, advising the police before charge; building the strongest possible prosecution case and presenting that case fairly in the courts on behalf of the public
• Championing justice and the rights of victims: assessing the needs of victims and witnesses and their likely evidence from the outset and throughout the life of the case; making sure their experience of this Directorate encourages them and others to come forward in future to play their part in bringing offenders to justice.
• Inspiring the confidence of the communities we serve: being visible, open and accountable for our decisions; being responsive to the needs of the community and providing a valuable public service; being seen as instrumental in bringing them to justice
• Driving change and delivery in the Criminal Justice System: as a self-confident leader; influential in delivering local criminal justice and in shaping the CJS of the future
• Being renowned for fairness, excellent career opportunities and the commitment and skills of all our people: where everyone is treated on merit; where people of ability can rise to the top and where all our people are renowned for their commitment, skills and dedication to justice.
• Having a strong capability to deliver: by transforming HQ support to frontline delivery; improving the management of prosecution by harnessing IT to support this Directorate's working; and delivering through effective programme and project management.

Tripura

In exercise of powers u/s 25-A of the Code of Criminal Procedure, 1973 Government of Tripura vide Notification No. F.13 (36)-PD/2003 dated, 30th July, 2007 has established a Directorate of Prosecution with a Director and Deputy Directors. In the year 2010, on 4th May State Government decided to establish a Directorate of Prosecution in the West Tripura District on pilot basis. On 21st July, 2015 vide Notification No. F13 (36)-PD/2003 (VOL.1) (PART) Government of Tripura has extended the jurisdiction of this Directorate covering whole Tripura.

Uttarakhand

Uttarakhand was formed on the 9th November 2000 as the 27thState of India, when it was carved out of northern Uttar Pradesh. Dehradun is the administrative Centre of the hill region of Uttarakhand andthe capital of the new hill state. The Directorate of Prosecution being an integral part of law and order and is inherent to the Home Department of Uttarakhand.

To establish an effective and impartial prosecution in State, Directorate of Prosecution has been established in 2003 after separation from Uttar Pradesh.

Director Prosecution is the Head of Prosecution Department. All powers of head of department are vested in Director Prosecution.Besides Director Prosecution, there is post of one Additional Director Prosecution. The function of Directorate is to have administrative control and to monitor the work of Additional Director, Joint Director Prosecution, Senior Prosecution Officer,Prosecution Officer and Assistant Prosecution Officer working in Directorate of Prosecution.

In Directorate of Prosecution there are following officer to assist Director Prosecution.

Additional Director Prosecution

Joint Director Prosecution (HQ)

Senior Prosecution Officer (HQ)

Prosecution Officer (HQ)

Administrative Officer For administrative purposes,the whole State has been supervised by officer known as Additional Director Prosecution. Additional Director Prosecution is the senior most officer of prosecution cadre having long experience of prosecution work. He accomplishes Prosecution work by coordinating work of administrative officers at department and district level.

At district level prosecution work has been controlled and managed by Joint Director Prosecution and Senior Prosecution Officer.Senior Prosecution Officer acts like public prosecutor while disposing work at Special Court of Sessions. He appears at Special Court of Sessions on behalf of Prosecution in disposing heinous crimes.He also looks day to day work of Prosecution Officers at district level.He not only performed administrative work of Officers but he is also performing duties of drawing Dispersing Officer at district level.

At district level the prosecution work has been accomplished by Joint Director Prosecution, Senior Prosecution Officer, Prosecution Officer and Assistant Prosecution Officer.Prosecution officer is basically public prosecutor and is authorized to conduct prosecution work at Special Courts. In Court of Magistrate, prosecution work has been seen by Assistant Prosecution Officer. Beside Prosecution work Prosecutor gives legal opinion to administration concerned and police officers.

There are total Joint Director (7), Senior Prosecution Officer (11), Prosecution Officer (25) and Assistant Prosecution Officer (91) as sanctioned posts under Directorate of Prosecution for smooth and effective work of Prosecution in the all districts of State of Uttarakhand.

Prosecution officers are also appointed in CID Uttarakhand, Anti-Corruption Organization, Directorate of Prosecutionand High Court Nainital etc.

Uttar Pradesh

प्रदेश में प्रभावी एवं निष्पक्ष अभियोजन की दृष्टि से एक स्वतंत्र अभियोजन निदेशालय की स्थापना वर्ष 1980 में की गयी थी। अभियोजन निदेशालय का मुख्य कार्य प्रदेश में कार्यरत अपर निदेशक अभियोजन, संयुक्त निदेशक अभियोजन, ज्येष्ठ अभियोजन अधिकारी, अभियोजन अधिकारी, सहायक अभियोजन अधिकारी के समस्त कार्य का प्रभावी प्रशासनिक नियन्त्रण एवं पर्यवेक्षण रखना है । अभियोजन निदेशालय, उत्तर प्रदेश शासन गृह विभाग के अधीन है ।

महानिदेशक अभियोजन, अभियोजन निदेशालय के प्रमुख है। महानिदेशक अभियोजन में विभागाध्यक्ष की समस्त शक्तियाँ अंर्तनिहित है। अभियोजन निदेशालय में महानिदेशक के अतिरिक्त एक अपर निदेशक अभियोजन (विधि), एक संयुक्त निदेशक तथा तीन ज्येष्ठ अभियोजन अधिकारियों का नियतन है।

प्रशासनिक सुविधा हेतु प्रदेश को 18 परिक्षेत्रों में विभाजित किया गया है। प्रत्येक परिक्षेत्र का पर्यवेक्षण अभियोजन संवर्ग के अपर निदेशक अभियोजन स्तर के अधिकारी द्वारा किया जाता है। अपर निदेशक अभियोजन, अभियोजन संवर्ग के वरिष्ठतम अधिकारी होते है और इन्हें अभियोजन कार्य का दीर्घ कालिक अनुभव होता है। इनके द्वारा मण्डल तथा जिला स्तर के प्रशासनिक अधिकारियों से समन्वय स्थापित करते हुए अभियोजन कार्य का निकटता से पर्यवेक्षण किया जाता है । अपर निदेशक अभियोजन अपने कार्यालय के तथा जनपदीय अभियोजन कार्यालय के आहरण वितरण अधिकारी भी है।

जिला स्तर पर अभियोजन कार्य का नियंत्रण संयुक्त निदेशक अभियोजन स्तर के अधिकारियों द्वारा किया जाता है। इनके द्वारा सत्र न्यायालयों में गम्भीर अपराधिक प्रकरणों का अभियोजन द्वारा किया जाता है। संयुक्त निदेशक अभियोजन द्वारा अपने जनपद के अभियोजको के कार्य का दिन प्रतिदिन के आधार पर समीक्षा की जाती है। संयुक्त निदेशक द्वारा जनपदीय कार्यालयों का प्रशासनिक दायित्व के साथ- साथ आहरण वितरण अधिकारी का दायित्व भी निभाया जाता है।

जनपद स्तर पर अभियोजन कार्य संयुक्त निदेशक अभियोजन, ज्येष्ठ अभियोजन अधिकारी, अभियोजन अधिकारी तथा सहायक अभियोजन द्वारा सम्पादित किया जाता है। संयुक्त निदेशक अभियोजन, ज्येष्ठ अभियोजन अधिकारी एवं अभियोजन अधिकारी लोक अभियोजक है और सत्र न्यायालयों में अभियोजन कार्य हेतु अधिकृत है। सहायक अभियोजन अधिकारी मजिस्ट्रेट न्यायालयों में अभियोजन कार्य सम्पादित करते है ।

West Bengal

Prosecution is working under the Administrative Control of the Head of the Home Department and also under the necessary assistances of the Head of the Judicial Department, Government of West Bengal.

That the Director of Prosecution, West Bengal, appointed under the Section 25A of the Criminal Procedure Code when it is mentioned that the Director of Prosecution shall function under the Administrative Control of the Head of the Home Department in the State.

That one of the most important responsibility is the Director of Prosecution is that to oversee the all over activities of the Public Prosecutors and the Assistant Public Prosecutors West Bengal and to train up them properly by making them well equipped with the law books, periodicals and also the electronics systems (software etc.) so that they would be able to render necessary assistances to the Hon'ble Court from time to time.