e-Prosecution

Department of Prosecution

Ministry of Home Affairs

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.

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.

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.

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.

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

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.