What is the difference between public prosecution and private prosecution?

Therefore the only significant difference is that, whereas in a public prosecution, a public prosecutor employed by the NPA presents the case against the accused, in a private prosecution, it is the victim him or herself, invariably represented by legal representatives, who presents the case against the accused.

What does a public prosecutor do?

The duty of the Public Prosecutor is to represent the State and not the police. A Public Prosecutor is an important officer of the State Government and is appointed by the State under the Code of Criminal Procedure, 1973. She/he is not a part of the investigating agency. She/he is an independent statutory authority.

What is the role of private prosecutor?

In cases where only the civil liability is being prosecuted by a private prosecutor, the head of the prosecution office must issue in favor of the private prosecutor a written authority to try the case even in the absence of the public prosecutor.

What are the powers of a public prosecutor?

The power to institute criminal proceedings by the Public Prosecutor includes the power to bring criminal charges against persons. (3) a police officer not below the rank of Inspector. The conduct of criminal proceedings in the High Court is usually done by the Public Prosecutor or his deputy.

When can a private prosecutor prosecute a criminal action?

authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. x x x .

What is difference between public prosecutor?

While the public prosecutor is appointed by the prosecution, the defense attorney is appointed by the defendant in the criminal prosecution. The public prosecutor is paid by his client, while the defense attorney is sometimes paid by the government of India or any other party.

Why is the prosecutor called Public Prosecutor?

Why is the Prosecutor called a Public Prosecutor? Answer: 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.

Can a Public Prosecutor become judge?

HC today held that Public Prosecutors, who are in full-time employment of state govt, would not be eligible for the posts of District Judge. Petitioners Sunanda Chawre and others had argued that prosecutors in full-time employment of state should be eligible for Judge’s posts under Article 233(2) of Constitution.

Can anyone bring a private prosecution?

Any individual or company can bring a private prosecution. Commercial organisations regularly undertake private prosecutions. This is undertaken by trade organisations such as FACT (Federation against Copyright Theft) and BPI (British Recorded Music Industry) but also ordinary commercial companies.

Can a public prosecutor become judge?

What is the salary of public prosecutor?

Pay Scale/Salary of Public Prosecutor

Can you be jailed from a private prosecution?

In principle, there is nothing wrong in allowing a private prosecution to run its course through to verdict and, in appropriate cases, sentence. The fact that a private prosecution succeeds is not an indication that the case should have been prosecuted by the CPS.