What is the role of public prosecutor and police and judge in criminal...
Role of the Public Prosecutor and Judge
‘The Prosecutor’ is a lawyer representing the state or the people of the state in a criminal trial.
Role of the Prosecutor
The role of the Public Prosecutor begins once the police has conducted the investigation and filed the charge sheet in the court.
He represents the interests of the State and conduct the prosecution on behalf of the State.
The Public Prosecutor is not involved in the investigation that is conducted by the police.
The PP should act impartially and present the full facts, witnesses and evidence before the court to enable the court to decide the case.
The Prosecutor who represents the State is called a Public Prosecutor as a criminal offence is regarded as a public wrong, which has been committed not only against the victim, but also against the society as a whole. Criminal Cases are always termed as ‘State vs the accused’ as they are considered an offence against the people of the state.
In the case of the Dowry death of Sudha, wife of Laxman Kumar the case was called ‘State (Delhi Administration) vs Laxman Kumar and Others’. Similarly in the theft case of Shanthi the case was called ‘State vs Shanthi Hembram’
Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice.
The judge conducts the trial impartially and in an open court.
The judge hears all the witnesses and any other evidence presented by the prosecution and the defence.
The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.
If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.
The judge remains above the case, providing an independent and impartial assessment of the facts and how the law applies to those facts.