Functions

The prosecution of criminal offences shall be conducted in the following manner, namely:

• The Investigation Officer shall send the case together with the evidence to the concerned Public Prosecutor
• Prosecution shall not take effect against persons other than those charged as accused, on the basis of available evidence, by the Public Prosecutor
• The Public Prosecutor shall have the right of audience before any court in respect of any case assigned to him
• A Public Prosecutor may, within his jurisdiction, issue general guidelines to Police Officers regarding the state of their investigation and other matters necessary for the fulfillment of the purpose of effective prosecution
• A District Public Prosecutor may ask the Head of Investigation in a District to take disciplinary action against Investigation Officer, where s sufficient reasons exist to believe that Investigation Officer has colluded or has not exercised due diligence or honesty in conducting investigation, or misrepresented the facts of the case or prepared the report inefficiently
• The Director General Prosecution or the District Public Prosecutor may, when the deems necessary in cases where Police Officers fail to follow any suggestions or instructions of Public
• Prosecutor under this Act, call for disciplinary action against the Investigation Officer through the competent authority

ADDITIONAL POWERS OF PUBLIC PROSECUTORS

A Public Prosecutor, in discharge of his lawful duties and in respect of a case lawfully assigned to him, may also exercise the following powers, in addition to the powers conferred by section 4 of the Prosecution Act, 2005, namely:

• Upon expiry of time period mentioned in the Code for submission of final report or after submission of final report, if necessary for proper and thorough investigation of an offence, a Public Prosecutor may request the court to issue warrants for search, seizure or inspection of evidence for compliance by the Investigation Officer
• A Public Prosecutor may call for record or any other document from any law Enforcement Agency upon expiry of time period mentioned in the Code for submission of final report
• A District Public Prosecutor in case of offences carrying seven years or less imprisonment and the Director General Prosecution for all other offences may withdraw prosecution subject to prior approval of Court
• Provided that prosecution of an offence falling under the Anti-Terrorism Act, 1997 (XXVII of 1997), shall not be withdrawn without prior permission in writing of the Secretary to Government, Home and Tribal Affairs Department
• The Public Prosecutor on completion of investigation shall scrutinize the case file and refer the shortcomings or faults in investigation to the Head of Investigation for removing or improving the same, which shall be complied with by the Head of Investigation within seven days, and no fulfillment thereof, it shall be sent to the Public Prosecutor putting it in the court.