If you are stuck in such a situation, here is what to do.

Mr. Alok, a resident of the city of Prayagpur, had filed a criminal complaint against a business associate, Mr. Bajaj, for alleged fraud. After the police investigation, a chargesheet was filed in the Magistrate’s court. Mr. Alok learned that the court had taken cognizance of the offence, but the summons had not yet been served on Mr. Bajaj. Anxious about the next steps, Mr. Alok found himself wondering who would argue the case on behalf of the state. He was unsure how to find out which Assistant Public Prosecutor (APP) would be assigned to his case, when they would get involved, and whether he could rely on them to pursue the matter diligently.

Advice in such cases

Navigating the criminal justice system can be daunting. Understanding the roles of different legal officers is crucial. Here is some general advice:

• The Assistant Public Prosecutor (APP) or Public Prosecutor (PP) is a lawyer appointed by the state to represent its interests in criminal trials. They do not represent the complainant personally; their client is the State.
• An APP is typically assigned to a specific court, not a specific case. The APP posted in the court where your case is being heard will handle the prosecution.
• The APP’s active role begins when the case reaches the trial stage, which happens after the accused appears in court and charges are formally framed. Before this, the process is managed by the police and the court’s administrative staff.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The appointment and duties of Public Prosecutors are primarily governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 24 of the BNSS, 2023: This section details the appointment of Public Prosecutors and Assistant Public Prosecutors for courts. It mandates that they be appointed by the State Government to conduct prosecutions, appeals, or other proceedings on behalf of the State. The eligibility criteria, such as a minimum number of years of practice as an advocate, are also laid out to ensure experienced individuals hold these positions. The core function of the prosecutor under the BNSS is to ensure a fair trial, presenting all evidence impartially to help the court arrive at the truth.

If you are the complainant

As the complainant (also known as the informant), your role is vital, but you must work within the system’s structure.

• Your primary point of contact should be your private lawyer, if you have engaged one. Your lawyer can monitor the case’s progress and liaise with the court and, eventually, the APP.
• You can find out which APP is assigned to the court where your case is listed by simply visiting the court and inquiring with the court clerk or by checking the cause list (list of cases for the day) posted outside the courtroom.
• While the APP represents the state, you and your lawyer can and should assist the prosecution by ensuring all relevant evidence and witnesses are available.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

The law, particularly the BNSS, grants specific rights to the victim to ensure their active participation in the trial.

• The definition of “victim” under the BNSS is broad and includes the person who has suffered loss or injury. As a victim, you have the right to participate in the proceedings.
• You have the right to engage a private advocate of your choice to assist the Public Prosecutor. This lawyer can’t conduct the prosecution independently but can submit written arguments after the evidence is closed and support the APP.
• This right ensures your interests are adequately represented and that crucial aspects of the case are not overlooked due to the APP’s heavy workload.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police’s primary role is investigation and bringing the accused before the court. Once the chargesheet is filed, their direct involvement in the court proceedings reduces, and the prosecution takes over.

• The police are responsible for serving summons and warrants as directed by the court.
• The Investigating Officer (IO) is an important witness for the prosecution and will be called to testify during the trial.
• The police do not appoint or assign the APP. They are, however, a key link between the prosecution and the witnesses, often coordinating their appearance in court.

FAQs people normally have

When is an APP assigned to my case?

An APP is not assigned to your specific case but to the court where your case is being heard. They will start handling your case once it is listed for trial proceedings in that court.

Can I trust the Assistant Public Prosecutor?

APPs are professional officers of the court. Their duty is to conduct the prosecution fairly and effectively. While they are generally trustworthy, they often handle a very high volume of cases, which can affect the personal attention given to any single case. This is why the provision for a victim to engage a private lawyer to assist the prosecution is so valuable.

Will the APP contact me?

The APP or the police may contact you or other witnesses when your testimony is required in court. It is more common for communication to be routed through the Investigating Officer or your private counsel, if you have one.

What evidence is required?

The primary evidence is the material collected by the police and included in the chargesheet. This includes witness statements, documents, forensic reports, and any physical objects. Your testimony as the complainant or victim is a critical piece of evidence. If you have any further evidence that you believe the police overlooked, you must bring it to the attention of the court through a proper application, ideally with the help of your lawyer.

How long will the investigation take?

This question usually pertains to the trial’s duration, as the investigation is complete once the chargesheet is filed. The duration of a criminal trial can vary significantly. It depends on factors like the complexity of the case, the number of witnesses to be examined, the court’s schedule, and tactics used by the defence. While the BNSS has provisions aimed at speeding up trials, you should be prepared for a process that can take several months or even years to conclude.

Advocate Sudhir Rao, Supreme Court of India