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.

Draft Format / Application

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