Legal Provisions of Section 301 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Appearance by Public Prosecutors:
The Public Prosecutor or Assistant Public Prosecutor may appear and plead without any written authority such as Vakalatnama or a warrant of attorney, before any Court in which the case is under enquiry, trial or appeal. The Public Prosecutor may avail the assistance of a pleader engaged by a party but such pleader will act under the directions of the Public Prosecutor and the management of the case shall solely vest in the Public Prosecutor.
ADVERTISEMENTS:
Where the pleader engaged by the private party desires to submit written arguments after the evidence is closed, he shall have to obtain prior permission of the Court for this purpose. Thus where the District Attorney did not cross-examine the defence witnesses but the counsel for the complainant applied for cross-examining the defence witnesses the High Court held that such counsel was only to assist the Public Prosecutor and would not conduct the prosecution nor he could plead, though he could act under the directions of the Public Prosecutor and file written arguments.
The High Court of Andhra Pradesh, in Thadi Narayana v. State, held that where the Advocate-General of the State was called upon to appear in any case of special importance, the Public Prosecutor or the Assistant Public Prosecutor cannot be said to be separately representing the case on behalf of the State while Advocate-General merely acting as an amicus curiae.
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