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Can a Public Prosecutor Defend an Accused Person?

By D. G. Mhaiskar

Published In

CrLj 1970

In this part of the country there is a practice of Public Prosecutors being engaged to defend accused persons when they are Government officials.  This practice is against Law because: All prosecutions are on behalf of the State. In Halsbury's Laws of England, 3rd Edition, Vol. 10, page 272, it has been observed: "Legal punishment is punishment awarded in a process which is instituted at the suit of the Crown standing forward as a Prosecutor on behalf of the subject on Public grounds." A foot-note further says: "Any private person in the absence of statutory provisions to the contrary can commence a Criminal prosecution; but the prosecution is always at the suit of the Crown. Hence it is that the Criminal proceedings were called pleas of the Crown."  This principle is followed in Queen Empress v. Murarji Gokuldas, ILR 13 Bom, p. 389 where it is observed: "It must be remembered th ....

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