Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

justice218 (student)     03 July 2013

Public prosecutor

To all Experts

I would like to know, what are the advantages of appointing your own lawyer as your Public Prosecutor during the 498a trial. 



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 July 2013

public prosecutors are appointed by the govt. They cannot appointed by individual.

justice218 (student)     03 July 2013

what if i have permission from govt to appoint my lawyer as my public prosecutor, what are the advantages then

Kishtaiah (Advocate)     03 July 2013

You can file petition for appointing your advocate to assist the Public Prosecutor as complainant in the case for better information and prosecution.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 September 2013

Sir your own advocate cannot be appointed as a public prosecutor. He or she can only work side by side with the APP to assist the court to arrive at a decision. Section 302 CRPC clearly states that the prosecution shall at al times be conducted by prosecutors appointed under section 24 of the CRPC.

 

Further howver as per section 304 of the CRPC u have the choice of appointing your lawyer as the lawyer on behalf of the complainant with the permission of the court of course. But then the role of that lawyer becomes secondary and he is only involved usually during the stage of addressing arguements and is usually silent during the evidence.

However, explaining a good reason to the judge may convince him to let your lawyer be directly in volved in the case instead of just assisting the PP. Chances are bleak though

Advocate Augustine Chatterjee

9999931153

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 September 2013

Sir your own advocate cannot be appointed as a public prosecutor. He or she can only work side by side with the APP to assist the court to arrive at a decision. Section 302 CRPC clearly states that the prosecution shall at al times be conducted by prosecutors appointed under section 24 of the CRPC.

 

Further howver as per section 304 of the CRPC u have the choice of appointing your lawyer as the lawyer on behalf of the complainant with the permission of the court of course. But then the role of that lawyer becomes secondary and he is only involved usually during the stage of addressing arguements and is usually silent during the evidence.

However, explaining a good reason to the judge may convince him to let your lawyer be directly in volved in the case instead of just assisting the PP. Chances are bleak though

Advocate Augustine Chatterjee

9999931153


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register