Appearance by Public Prosecutors
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Summary
The Public Prosecutor or Assistant Public Prosecutor in charge may appear and plead in any Court handling the case without needing written authority. If a private person instructs an advocate to prosecute, the in-charge Public Prosecutor or Assistant Public Prosecutor will conduct the prosecution and the advocate must act under their directions. With the Court's permission the advocate may file written arguments after evidence is closed.
Example
Priya files an FIR and privately hires an advocate to prosecute the accused. The Public Prosecutor in charge will conduct the prosecution, the advocate must act under the Public Prosecutor's directions, and the advocate may, with the Court's permission, submit written arguments after the evidence is closed.
Bare Act
Enacted text(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
(2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
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