Crimes in general are considered as offences against the society. Therefore
it is the duty of the state to administer justice to the victim and aim for a
crimeless society. But the question to be addressed is that why can't the state
use the service of available professionals for criminal justice administration ?
Can't the system being overturned and include such a huge workforce for
effective administration ?
Of course the state should have prosecutors to do their job since the state is
liable for the protection of its citizens. But can't the potential of other
private pleaders been utilized effectively ? Section 24(8) of the criminal
procedure code,1973 itself provide for a private pleader to assist the
prosecution for the victim. Shouldn't we move ahead of time to address the
shortage of staffs and address the shortcomings caused thereby ?
My suggestion would be that for those who are financially able, should have the
right to choose the advocates of their choice. The prosecutors appointed over
time are political postings which by itself causes defeat of justice. Such
personnels may be unqualified, possess lack of skill and strong nepotism occurs
in their appointments.
For implementing above mentioned scheme, there needs thorough schemes and
practices. Studies have to be conducted in this regard, since a coordination
between the investigating authority and pleaders needs to be established so as
to make the prosecution case much more stronger.
Sub section 2 of Section 301 of the criminal procedure code, 1973 states that
the private pleader if appointed shall act under the direction of the public
prosecutor or assistant public prosecutor and may with the permission of the
court submit written arguments after evidence is closed in the case. Section 302
of the code of criminal procedure,1973 describes the right to conduct
The provision itself mandates that with the permission of the court, any person
including private pleaders can conduct the prosecution except police officer
below the rank of Inspector. Apart from this, for complaint cases, mainly cheque
cases are dealt by private pleaders of choice. Why can't their service be
extended to cases based on police report ?
Therefore, the state needs to conduct proper studies by appointing committees
for looking into the matter deeply and implement the mentioned practices with
ease after formulating necessary mechanism to counter the shortcomings.
If such practice is implemented, the burden of huge backlog of cases can be
addressed and the appointed prosecutors can apply their mind effectively and
work for the betterment of the society with ease ! Rather it even address the
problem of unemployment rate persisting in advocacy.