Chapter XVIII
Section 225 CrPC: Trial to be conducted by Public Prosecutor
New Law Update (2024)
Section 249 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Important Sub-Sections Explained
Landmark Judgements
Shiv Kumar v. Hukam Chand (1999):
The Supreme Court clarified that a Public Prosecutor is an officer of the court and not merely a mouthpiece of the investigating agency. Their duty is to act fairly and impartially, presenting all relevant facts to the court, irrespective of whether they support the prosecution or the defence.
Hitendra Vishnu Thakur and others v. State of Maharashtra (1994):
The Supreme Court emphasized the independent application of mind required of a Public Prosecutor. While this case specifically dealt with extending detention periods under TADA, it reinforced the principle that the Public Prosecutor must exercise their discretion judiciously and without being swayed by external pressures, a principle fundamental to conducting a fair prosecution in a Sessions trial.