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Rahul Dutta (Widlife Conservation)     17 May 2013

Can pp be assisted?

There are times when the Public Prosecutor is not oriented towards a particular law especially special laws such as the Wildlife (Protection) Act, 1972.

My question is - Can a PP be assisted by an individual who has knowledge of the law? or (s)he can only be assisted by a lawyer?

 

Regards

Rahul



Learning

 7 Replies


(Guest)

@Querist,

 

A lawyer cannot assist a Public Prosecutor(PP hereinafter).

 

2.Section 24 of CRPC defines public prosecutor and his appoitment.

 

3.Section 25 of Crpc defines Assistant Public Prosecutor and his appointment.

 

The state government may in accordance with the High court may appoint additional public prosecutor if it deems fits and necessary.

 

Assistance as adviser is not barred but officially he cannot argue on the behalf of PP.


Note-This reply should be taken as per the declaration given in my profile page.


Thanks,

Regards,

1 Like

SRISHAILA.DHARANI (Advocate&consultant)     17 May 2013

yes pp can be assissted by any individual who is interested in the case and who wants to the accused to get arrested, but unofficially pp can be assited and not officially.

 

srishaila,advocate,9741425514,sdharani120@gmail.com

1 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     17 May 2013

Dear Rahul,

 

There are no of supreme court and Delhi High Court judgments wherein specifically mentioned that complaint or his adovcate can assist PP. 

 

Rajiv Bhasin 

Advocate

Bhasin & Associates

9811210505

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     17 May 2013

To assist PP court permission is necessary or  order for the Registrar of Prosecution dept., is necessary

advocate praveen (prop.)     17 May 2013

A PP can assit by complainant and lawyer as well.

Rahul Dutta (Widlife Conservation)     17 May 2013

Thanks. Much appreciated. Can you point out a few recent case laws?

Regards

Rahul

Adv Archana Deshmukh (Practicing Advocate)     17 May 2013

There is no need of any case law Rahul ji, the law itself is very clear, a PP can be assisted by a private lawyer.  You just go thru S. 301 CrPC.

 
301. Appearance by Public Prosecutors. (1) The Public Prosecutor
or Assistant Public Prosecutor in charge of a case may appear and
plead without any written authority before any Court in which that
case is under inquiry, trial or appeal.
 
(2) If in any such case, any private person instructs a pleader
to prosecute any person in any Court, the Public Prosecutor or
Assistant Public Prosecutor in charge of the case shall conduct the
prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
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