FUNCTIONARIES UNDER CRPC
Functionaries under the CRPC,1973 they are as follows ;
Basically , CRPC does not say anything about the constitution of police . It assumes the existence of police and devolves various powers and responsibilities
Functions – as per the Police Act ,1861 the police force is an instrument for the prevention and detection of crime.
Powers– the CRPC confers specific powers on the members of police force who are enrolled as police officers, these powers include power of arrest, search and investigate under Section 2(s), 2(o)
Section 36 of CRPC specifies that officers of police who are superiors in rank to police officer in charge of a police station can exercise all powers of that police officer
Case law – State of Bihar v. JAC saldanha SCC 1960
A crime is a wrong not only against an individual but is also against the society, it is because of this reason that the state which represents the collective of people, participates in the criminal trial of an accused, specially if the crime is of cognizable nature.
Public prosecutor or Assistant public prosecutor is the state counsel for such trial
Section – 2(u) public prosecutor means any person appointed under section -24 and includes any person acting under the directions of the public prosecutor
Section – 24 a person shall be eligible to be appointed in HIGH court as public prosecutor , if he has been in practice as an advocate for not less than 7 years, the appointment can be made only after consultation with high court.
DUTIES -his duties mainly consist in conducting the prosecution on behalf of the state and also appear as the state counsel in criminal appeals, revisions and such other matters in the session courts and HC
Section – 301 a public prosecutor has the authority to appear and plead before any court in any case entrusted to him
Section – 321 he can withdraw from the prosecution against any person with the consent of the court
3. DEFENCE COUNSEL
Section – 303 say that any person accused of an offence before a criminal court has a right to be defended by a pleader of his choice, as such pleaders are not i regular employment of the state and a paid remuneration by the accused person. since, a qualified legal practitioner on behalf of the accused is essential for ensuring a fair trial
Section – 304 provides that if the accused doesn’t have means to hire a pleader, the court shall assign a pleader for him at states expense
presently there are several schemes through which an indigent accused can get free ;legal aid such as,
- Legal aid scheme of state
- Bar association
- Legal aid and service board
- Supreme Court senior advocates fees legal aid society
- The legal service authorities act, 1987
4. PRISON AUTHORITIES
- CRPC presume that the existence of prisons and prison authorities, the code empowers migrates and judges under certain circumstances to order the detention of under-trial prisoners in jail during Pendency of proceedings.
- the code doesn’t make specific provisions for creation and administration of prison authorities,these matters are dealt in separate acts such as
- PRISON ACT 1894, the prisoners act 1900, and the prohibition of offenders act, 1958
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