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Like any other common law system, the Indian criminal justice system also accords the function of prosecution to the Public Prosecutors. With the introduction of the Code of Criminal Procedure, 1973, the prosecutorial agency has emerged as an autonomous agency from the aegis of the police department. Subsequent amendments in the Code have been introduced in furtherance of reinforcing the independence of the prosecutorial agency. However, the constant executive interference in the matter of appointment of Prosecutors has derailed the dominant object with which such amendments were introduced in the Code.
2. Further, it is pertinent to note that the Prosecution is expected to establish the guilt of the accused beyond reasonable doubt with the evidence collected during the course of investigation; however, he has no role in gathering such evidence. It is ironic that the Prosecution is conferred with the power to withdraw from prosecution but has no say with respect to the initiation of prosecution of a case.
3. Further, historical efforts have failed in bringing the status of prosecutorial agency at par with the other criminal justice functionaries which are enjoined with wider powers in the discharge of their functions
Changes in BNSS
4. Because of adversarial system of jurisprudence based on burden of proof beyond reasonable doubt, prosecution needs to be very competent. Steps have been taken to strengthen the prosecution mechanism and ensure desired coordination with various stakeholders of our Criminal Justice System.
5. By having a strong prosecution network, right up to the district level, and specifying duties and responsibilities of different levels of Prosecution Officers, the aim of such introduction in BNSS is to drastically improve the quality of prosecution during trial. The supervision by the prosecutors has also been extended during the investigation stage.
6. The BNSS provides for the creation of a District Directorate of Prosecution, in accordance with the discretion of the state government in CIause 20. Further, the criteria for appointment of Director and Assistant Director of Prosecution have been modified, with the former having been a Sessions Judge or a practising advocate for 15 years and the latter having been a Magistrate of first class or a practising advocate for seven years.
7. In a first, BNSS also introduces the powers and duties of the Directorate. These include the duty to monitor three categories of cases, with a view to expedite the proceedings, viz. cases punishable with imprisonment of ten years to life or death to be monitored by the Director; cases punishable with imprisonment for seven to ten years to be monitored by the Deputy Director and cases punishable with imprisonment of less than seven years by an Assistant Director.
