Functionaries Under the Code | Criminal Law - CLAT PG PDF Download

Meaning of Procedure

Criminal law is crucial because it addresses serious offenses and helps maintain societal order. It consists of two branches: procedural law and substantive law.

• Procedural Law:  This branch provides the mechanisms for enforcing substantive criminal law.
• Substantive Law:  This branch defines various offenses and the corresponding punishments for offenders.

If procedural law did not exist, substantive laws would be ineffective. Procedural law outlines how offenders are prosecuted, ensuring that justice is served. Therefore, both branches are interdependent and essential for the functioning of criminal law.
The primary goal of criminal procedure is to ensure a comprehensive and fair trial for the accused, adhering to the principles of natural justice.

Functionaries Under the Code

Various functionaries are outlined in the Code of Criminal Procedure, 1973, to oversee and implement its provisions. These functionaries play a vital role in ensuring the smooth operation of the code. The key functionaries mentioned in the code include:

1. The Police 

The Police Officer is a crucial figure in the realm of criminal law in India. They are responsible for upholding law and order in the country. Police officers possess various powers and functions that aid in preventing crimes. While the term "Police" is not explicitly defined in the Code of Criminal Procedure, it is defined in the Police Act of 1861.

2. Public Prosecutors 

• Section 24 of the Code of Criminal Procedure pertains to the role of the Public Prosecutor. The primary responsibility of the Public Prosecutor is to administer justice and serve the public interest. The Public Prosecutor operates as an independent statutory authority, separate from any investigative agency.
  A Public Prosecutor must be appointed in all cases where the prosecution is against the State. The relationship between the Public Prosecutor and the Government is akin to that of a lawyer and a client, and the Public Prosecutor must remain impartial to both the accused and the prosecution.

There are different categories of Public Prosecutors, including:

• Public Prosecutors appointed by the State Government or Central Government.
• Additional Public Prosecutors appointed by the State Government.
• Special Public Prosecutors appointed by the Central Government.
• Special Public Prosecutors appointed by the State Government.

Public Prosecutors and Additional Public Prosecutors for High Court 

According to Section 24(1) of the Code of Criminal Procedure, the Central or State Government can appoint a Public Prosecutor for every High Court, along with one or more Additional Public Prosecutors. These appointments are made after consultation with the High Court, and the appointee must have at least seven years of experience as a practicing Advocate.

Public Prosecutors and Additional Public Prosecutors for Districts 

• Section 24 outlines the rules for appointing Public Prosecutors and Additional Public Prosecutors for districts. The Central Government can appoint one or more Public Prosecutors for conducting cases in specific districts or local areas. Similarly, the State Government can appoint Additional Public Prosecutors for districts. In certain cases, a Public Prosecutor or Additional Public Prosecutor appointed for one district may also serve in another district.
• The District Magistrate is responsible for preparing a panel of eligible candidates for the positions of Public Prosecutor or Additional Public Prosecutor, in consultation with the Sessions Judge.

Assistant Public Prosecutors 

• Section 25 of the Code of Criminal Procedure addresses the appointment of Assistant Public Prosecutors. The State Government is required to appoint one or more Assistant Public Prosecutors to conduct prosecutions in various districts. 
• Assistant Public Prosecutors are not allowed to practice as advocates or defend accused individuals in criminal cases. Their sole responsibility is to conduct prosecutions on behalf of the State, and they are considered full-time Government employees.

Role of the Prosecutors 

Public Prosecutors are tasked with conducting prosecutions, appeals, or other legal proceedings on behalf of the Central or State Government. They must ensure that there is a valid reason for requesting a remand to judicial custody and assist the Court in these matters.

3. Court

Court functionaries play a pivotal role in the Code of Criminal Procedure. There are various classes of Criminal Courts, including:

• Courts of Session
• Judicial Magistrates of the first class (and Metropolitan Magistrates in metropolitan areas)
• Judicial Magistrates of the second class
• Executive Magistrates

The Code of Criminal Procedure specifies the functions and powers of different classes of Courts in Chapter three. For instance:

•  Section 26:  This section allows the High Court, Court of Session, or any other specified Court to try offenses under the Indian Penal Code.
•  Sections 28, 29, and 30:  These sections outline the types of sentences various Courts can impose, facilitating trial procedures and ensuring proper distribution of powers among Courts.

Court functionaries oversee the entire trial process and serve as regulatory authorities within the legal framework.

4. The Defence Counsel

Section 303 of the Criminal Procedure Code grants the right to appoint a defence counsel of choice. This right is essential for ensuring a fair trial.