Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a transformative legal reform that replaces the Code of Criminal Procedure (CrPC), 1973, in India. A vital element of the criminal justice system under BNSS is the role of the prosecutor—a legal officer who represents the State and conducts prosecution on behalf of the public.
Prosecutors are entrusted with the task of ensuring fair, impartial, and effective prosecution of offences. Unlike defence lawyers who represent individuals, public prosecutors represent society at large, with the goal of achieving justice, not merely convictions. The BNSS has introduced modernization and digitization, but it continues to retain and reinforce the core duties and responsibilities of prosecutors.
Who Is a Prosecutor?
Under BNSS, prosecutors are appointed by the State or Central Government and act as officers of the court in criminal trials. These include:
- Public Prosecutor (PP)
- Additional Public Prosecutor (APP)
- Special Public Prosecutor (SPP)
- Directorate of Prosecution
These appointments are governed by Section 359 to Section 361 of the BNSS.
Appointment of Prosecutors Under BNSS
Section 359 – Directorate of Prosecution
- The State Government may establish a Directorate of Prosecution, headed by a Director.
- Responsible for managing the appointment and supervision of all prosecutors in the State.
Section 360 – Appointment of Public Prosecutors
- Public Prosecutors and Additional Public Prosecutors are appointed for:
- District Courts
- High Courts
- Special Courts
- Panel Advocates can also be designated as PPs for specific cases.
Section 361 – Special Public Prosecutor
- For complex or sensitive cases, the Government can appoint a Special Public Prosecutor.
- Must have at least 10 years of experience as an advocate.
Core Functions of a Prosecutor Under BNSS
1. Conducting the Prosecution During Trial
- The primary role is to present evidence and argue the case on behalf of the State.
- Ensures that:
- Accused persons are held accountable
- Innocents are not wrongfully punished
2. Review of Investigation and Filing Charges
- Assists the investigating officer in vetting the charge sheet before filing it in court.
- Advises police on legal sufficiency of evidence.
3. Framing of Charges
- Helps the court determine appropriate charges based on the investigation.
- Ensures charges are not arbitrary or legally unsound.
4. Examining Witnesses
- Conducts examinations-in-chief of prosecution witnesses.
- Cross-examines hostile witnesses and rebuts the defence’s arguments with evidence.
5. Legal Strategy and Advice
- Develops the prosecution’s legal strategy, including:
- Witness selection
- Argument structuring
- Handling plea bargaining or case withdrawal (in some cases)
6. Appeals and Revisions
- Files appeals, revisions, and review petitions if an order is erroneous or unjust.
- May argue for enhancement of sentence or reversal of acquittal.
Ethical Responsibilities of Prosecutors
- Duty to act fairly and impartially
- Must not suppress evidence beneficial to the accused
- Prohibited from coaching or coercing witnesses
- Obligated to protect the rights of victims and witnesses
- Must avoid delays and ensure justice is delivered efficiently
Differences Between Prosecutor and Defence Lawyer
| Aspect | Prosecutor | Defence Lawyer |
|---|---|---|
| Represents | The State (society) | The accused person |
| Primary objective | Justice, not just conviction | Protect rights and liberty of accused |
| Appointed by | Government (Central/State) | Private or through legal aid |
| Role in trial | Proves guilt | Challenges prosecution’s case |
| Ethical duty | Fairness and truth | Loyalty to the client |
Importance of Prosecutors in the Criminal Justice System
- Ensure that law and order are maintained
- Act as a bridge between investigation and judiciary
- Support victims in their quest for justice
- Uphold due process and constitutional values
- Ensure public confidence in the legal system
BNSS Enhancements Impacting Prosecutors
1. Use of Technology
- BNSS allows for electronic case diaries, e-summons, and digital evidence portals.
- Prosecutors must be equipped to work with video trials, forensic reports, and online filing systems.
2. Time-bound Trials
- BNSS encourages faster disposal of cases.
- Prosecutors must avoid unnecessary adjournments and ensure case readiness.
3. Witness Protection and Support
- Prosecutors play a key role in protecting witnesses, ensuring they feel safe to testify.
Case Study Example
A Dowry Death Case
| Stage | Prosecutor’s Role |
|---|---|
| After FIR | Reviews charge sheet and suggests improvements |
| Trial Begins | Examines victim’s parents, medical officers |
| Hostile Witness Appears | Declares witness hostile, cross-examines |
| Defence Argues for Bail | Opposes bail with legal grounds |
| Verdict Delivered | Seeks maximum sentence based on gravity of offence |
Summary Table: Role of Prosecutors Under BNSS
| Function | Details |
|---|---|
| Appointment | By State or Central Government (Sections 359–361) |
| Role in Trial | Represent the State, conduct examination and arguments |
| Legal Duties | Present evidence, assist court, ensure due process |
| Ethical Responsibilities | Fair play, avoid bias, disclose exculpatory evidence |
| Tech Adaptation | Use of e-case files, video hearings, digital forensic reports |
| Appeals and Review | Represent the State in higher courts for appeal and revision |