Report No. 197

Public Prosecutor's Appointments

Contents
Chapter I	The Reference by The Home Ministry and The Views of The PMO
	The Reference by The Home Ministry and The Views of The PMO
	In the above context, the PMO suggested that following measures may be considered
Chapter II	Independent Role of Public Prosecutor in The Criminal Justice Process
	Independent Role of Public Prosecutor in The Criminal Justice Process
	Police to act on their own without outside influence
	Public Prosecutor in the criminal justice system
	Public Prosecutor has to act independently from the Police
	Public Prosecutor must act on his own independent of Executive influence
	Public Prosecutor not to involve himself in investigation of the case
	Summary
Chapter III	Government of India and States: Legislation and Procedure for Appointment of Public Prosecutors and Art. 14
	Legislative powers of Parliament and State Legislatures in regard to appointment of Pubic Prosecutors
	Law regarding appointment of Public Prosecutor will violate Art. 14 if it permits arbitrary appointment without proper checks
	Earlier Reports of Law Commission: Procedure for appointment
	Supreme Court in S.B. Shahane's case (1995): Public Prosecutors must be independent of the Police
	Without a cadre of prosecuting officers in existence, appointment of Asst. Public Prosecutors as PPs/Addl. PPs is not permissible
	Police officer cannot be appointed as Director of Prosecution
Chapter IV	Recommendations of Law Commission on The Three Suggestions of PMO
	Making of appointment of Public Prosecutors/ Additional Public Prosecutors only from amongst persons constituting regular Cadre of Prosecuting Officers
	Public Prosecutors from outside the cadre of Asst
	Whether the provisions of section 24(6) which permit only Asst
	Whether requirement of consultation with Sessions Judge under section 24(4) may need to be restored to override State Amendments?
	Institutional mechanisms and safeguards like eligibility, assessment of past performance, adequate tenure etc
	Section 24(4)
	Section 24(6)