Duties & Functions of the Director of Prosecutions

The Director shall be the Head of the Department and controller entire Prosecutying Machinery except High Court.

 

He shall, subject to general or special orders of Government exercise powers of supervision and control over the work of the Joint  Director’s, Deputy Directors, Public Prosecutors , Senior Asst. Public  Prosecutors, Asst. Director of Prosecutions and the Assistant Public Prosecutors.

 

Give advice and instructions to the Joint Director’s, Public Prosecutors,

 

Senior Assistant Public Prosecutors and Assistant Public Prosecutors in the conduct of Prosecutions, who shall abide by his advice and instructions.

 

Review the work of the Joint Director’s, Deputy Directors, Public Prosecutors, Senior Assistant Public Prosecutors and Assistant Public Prosecutors and send reports thereon to the Home Department.

 

Exercise disciplinary control over the Senior Assistant Public Prosecutors and the Asst. Public Prosecutors as Head of the Department.

 

The Director of Prosecutions may send proposals to the State Government for withdrawal of cases.

 

Tender opinion and advice to the Inspector General of Police on any matter connected with the conduct of prosecution or investigations;

 

Send periodical reports and returns to Home Department, Government of Karnataka.

Generally act in close co-operation and co-ordination with the Inspector General of Police in all matters connected with the conduct of prosecutions in Sessions Courts and Magistrate Courts and also with the work connected with the working of the Director of Prosecutions.

Exercise administrative control including the power of making recommendation for transfer of Public Prosecutor,Asst. Director of Prosecutions, Senior Assistant Public Prosecutors and the Assistant Public Prosecutors, and power of making transfer of subordinate staff of the state.

As per recent Government Order, Director of Prosecutions empowered to take a decision in IPC cases which are punishable with imprisonment more than 7 years and below 10 years is a fit case or not to prefer an appeal / revision and also empowered ti prefer an appeal / revision sentence awarded is inadequate in IPC cases punishable with imprisonment more than 7 years and below 10 years. And further if the offences are punishable more than 10 years, Director is an authority to recommend to the Government for preferring an appeal or furnish opinion if the case is not fit to prefer appeal. If the offences are punishable under special enactment the Director of Prosecutions has to recommend the cases for further necessary action to the Government.

After obtaining the Order of the Government for filing an appeal, the Director shall communicate the Order to the State Public Prosecutor with the copies to the concerned, the necessary papers and other information to facilitate the filing of an appeal.

The procedure prescribed above for filing of appeal shall also apply to a proposal for filing any revision petition subject to the modification .

The Director of Prosecution may recommend to the State Government the appointment of Special Public Prosecutor in important and difficult cases in the Sessions or Magistrate’s Courts.

The Public Prosecutors, the Senior Asst. Public Prosecutors and Asst. Public Prosecutors shall send such periodical returns to the Director concerned and abide by such instructions and directions as may be issued by him from time to time regarding the conduct etc., of the Sessions and other cases attended to by them.

The Director of Prosecutions shall submit such periodical returns as may be required and attend to such other work as may be entrusted to by the State Government in the Department of Law and Parliamentary Affairs.

 

DUTIES & FUNCTIONS OF JOINT DIRECTORS OF PROSECUTIONS:

All the Joint Directors are under the administrative control of Director of Prosecutions. Director of Prosecutions will exercise powers of supervision, control and review the work of the Joint Director of Prosecutions.

Three Joint Directors of Prosecutions attached to the office of the of Prosecutions with the office located 6th Floor, Cauvery Bhavan, KHB Complex, Bangalore.

Among the three Joint Directors, one is placed exclusively in charge of Administration to assist Director along with review of judgements and furnishing opinion of city division, Bangalore.

4. The other two Joint Directors have been entrusted with the review of judgements and furnishing opinions and all other allied matters thereto.

5. The three Joint Directors in addition to the review of judgements,also has give general opinion requested by the Police or required by Deputy Director of Prosecutions.

Out of 4 Joint Director’s, one Officer attached to the Office of the DG & IG, Karnataka. The Joint director attached to DG & IG will work under the control of DG & IG and to discharge functions as entrusted by DG & IG with regard to legal matters and furnishing of general opinion pertaining to legal matters.

 

DUTIES & FUNCTIONS OF DEPUTY DIRECTOR OF PROSECUTIONS:

The offices of the Deputy Director of Prosecutions normally situated in the premises of IGP of the Range concerned.

All the Deputy Directors of Prosecutions subject to general and special orders of Government are the Director of Prosecutions.

Exercise powers of supervision and control over the work of the Senior Assistant Public Prosecutors and the Assistant Public Prosecutors.

Give advice and instructions to the Senior Assistant Public Prosecutors and the Assistant Public Prosecutors in the conduct of Prosecutions, who shall abide by such advice and instructions.

Review the work of the Senior Assistant Public Prosecutors and the Assistant Public Prosecutors and send reports to the Director of Prosecutions.

 

4. Tender opinion and advice to the Inspector General of Police of the Rangeconcerned with the conduct of prosecutions or investigations.

5. Send periodical reports and returns to the IGP of the Range concerned;

Generally act in close co-operation and co-ordination with the Police

Department in all matters connected with the conduct of prosecution and investigation.

Exercise administrative and disciplinary control over the Senior Assistant Public Prosecutors, Assistant Public Prosecutors and subordinate staff of the Division.

As per the recent Government Order, Deputy Director of Prosecutions empowered to take a decision in IPC cases which are punishable with imprisonment of 7 years and below is a fit case or not to prefer an appeal /revision and also empowered to prefer an appeal / revision sentence awarded in inadequate in IPC cases which are punishable with imprisonment below 7 years.

The Deputy Director of Prosecutions shall submit such periodical returns as may be required and attend to such other work as may be entrusted by the Director of Prosecutions.

DUTIES & FUNCTIONS OF PUBLIC PROSECUTOR’S: SENIOR ASST. PUBLIC PROSECUTORS AND ASST. PUBLIC PROSECUTORS:

Offices of the Public Prosecutors, Senior Assistant Public Prosecutors and Assistant Public Prosecutors normally situated within the respective Court premises.

Public Prosecutor’s are appointed to conduct Criminal Cases before Sessions Courts, Senior Asst. Public Prosecutors are appointed to conduct Criminal Cases before C.J.M / Metropolitan Magistrate. Asst. Public Prosecutors are appointed to conduct criminal cases before Magistrate Courts.

The investigating officers of all the Government Departments concerned may seek advice or opinion of the Prosecutors at all stages including stage of investigation or filing the charge sheets or complaint with regard to legal matters.

Public Prosecutors, Senior Asst. Public Prosecutors, Asst. Public

Prosecutors are also entrusted with the work of furnishing opinion for preferring revisions – appeals , and also for withdrawal of cases from prosecution whenever and wherever necessary after approval from the Government.

Asst. Public Prosecutors – cum – Asst. Government Pleaders are entrusted with the work of conducting Civil cases with regard to the Government Department before Civil Judges (Jr.Dvn) and also entrusted with the work of furnishing opinions in Civil matters to the concerned Government Departments. Also entrusted with the work of furnishing opinion for preferring revision and appeals in Government civil matters.

 

6. Public Prosecutors, Senior Asst. Public Prosecutors, Asst. Public Prosecutors are also exercise powers of supervision and control over the work of the subordinate staff attached to their respective offices.

7. In cases ending in acquittal or where there is a conviction only for a minor offence, the accused having been acquitted or more serious offence, in the Court of any Magistrate the Senior Asst. Public Prosecutor or the Asst. Public Prosecutor in charge of the said case should within 15 days from the date of judgement obtain and submit a certified copy of the judgement along with his report indicating the reasons for filing or not filing an appeal to the Deputy Director of Prosecutions.

DUTIES & FUNCTIONS OF THE ASSISTANT DIRECTOR OF PROSECUTIONS:

Assistant Director of Prosecutions normally attached to the Office of theDeputy Director of Prosecutions, each post with the Superintendent of Police and Police Commissioner office respectively.

Asst. Director of Prosecutions attached to Director & Deputy Director of Prosecutions scrutinize the judgements and orders in conviction, acquittal and discharged the cases respectively redendered by the Magistrate’s Courts.

To advice and guide the Investigating Officers in the Police Department and Officers of the other Departments of Government of Karnataka, in the investigation and the Prosecution of Criminal Cases.

Asst. Director of Prosecutions attached to Superintendent of Police have to conduct cases regarding the seizure of vehicles pertaining to Excise and Forest Department before the Authorised Officers.