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CLAT PG Exam  >  CLAT PG Notes  >  Criminal Law  >  Functionaries Under the Code

Functionaries Under the Code

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.Meaning of Procedure

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.

MULTIPLE CHOICE QUESTION
Try yourself: Which functionary is responsible for upholding law and order in the country according to the Code of Criminal Procedure?
A

Public Prosecutors

B

Police Officer

C

Additional Public Prosecutors

D

Special Public Prosecutors

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.

MULTIPLE CHOICE QUESTION
Try yourself: Which authority is responsible for appointing Public Prosecutors for specific districts or local areas?
A

Central Government

B

State Government

C

District Magistrate

D

Sessions Judge

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.

The document Functionaries Under the Code is a part of the CLAT PG Course Criminal Law.
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FAQs on Functionaries Under the Code

1. What are the key functionaries under the Code CLAT PG?
Ans. The key functionaries under the Code CLAT PG include the executive committee, academic committee, and administrative committee, each responsible for different aspects of the examination and admission process.
2. How is the Code CLAT PG structured in terms of examination format?
Ans. The Code CLAT PG is structured as a multiple-choice question format, typically comprising questions related to various areas of law, including constitutional law, criminal law, and contract law, among others.
3. What is the role of the executive committee in the Code CLAT PG?
Ans. The executive committee oversees the overall administration and conduct of the CLAT PG examination, ensuring that the processes are transparent and adhere to the established guidelines.
4. What procedures are in place for grievances related to the CLAT PG examination?
Ans. There are specific procedures outlined for addressing grievances, which include submitting a formal complaint to the concerned authority within a stipulated time frame after the results are announced.
5. How does the academic committee contribute to the Code CLAT PG?
Ans. The academic committee is responsible for designing the syllabus, setting the question paper, and ensuring that the examination aligns with the educational standards and requirements for postgraduate legal studies.
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Apr 20, 2026 Last updated
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Document Description: Functionaries Under the Code for CLAT PG 2026 is part of Criminal Law preparation. The notes and questions for Functionaries Under the Code have been prepared according to the CLAT PG exam syllabus. Information about Functionaries Under the Code covers topics like and Functionaries Under the Code Example, for CLAT PG 2026 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Functionaries Under the Code.
Introduction of Functionaries Under the Code in English is available as part of our Criminal Law for CLAT PG & Functionaries Under the Code in Hindi for Criminal Law course. Download more important topics related with notes, lectures and mock test series for CLAT PG Exam by signing up for free. CLAT PG: Functionaries Under the Code
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