Directorate of Public Prosecution

Introduction

As per the orders of Hon'ble Supreme Court, the cadre of Public Prosecutor in the State has been separated from the Police department and brought under the administrative control of Directorate of Public Prosecution. The main duty of this Directorate is to scrutinize the Judgments of acquittal delivered by the Sessions Court and to find out whether lapses, lacunas in investigation or in conduction the trial, resulted into acquittal. The Directorate brings the lacunas and lapses in investigation to the notice of concerned Police Officers. The Director also proposes / suggests appeal in deserving cases.

The Directorate also arranges tours for pre-scrutiny of the investigation / charge sheet in order to remove the defects in investigation of serious crimes. The Directorate also gives guidance to Investigation Officers of the concerned district. The Director visits the Divisional head quarters for the above purpose. The seminars and work-shops are also arranged in the entire state. The Directorate gives guidance to the newly appointed Public Prosecutors and Police Officers and for that purpose visits the Maharashtra Police Academy and other Police Training Schools. In important matters, the opinion/ guidance is also given to the government, when asked for.

Directorate of Public Prosecution

The major function of this Office is to pinpoint the defects in the investigation and conducting of cases before the Sessions Court, resulted into the acquittal of the accused. The judgments in which the accused are acquittal are scrutinized by this office to ascertain the reasons of acquittal.

All the Public Prosecutors in the Districts of Maharashtra State forward judgment of acquittal to the District Magistrate. On receipt of the Judgment, the Director decides as to whether the judgment needs scrutiny. If the scrutiny is decided, original police papers are called for. On perusal of the papers, the Director prepares noted regarding appreciation of evidence. He also opines whether acquittal / discharge is on account of any defect in the investigation of the crime and conduct of the investigation officer. He also gives necessary direction to the investigation officer to avoid the mistakes. One copy of the scrutiny note is forwarded to the concerned Commissioner/Superintendent of Police, one copy to the Home Department and one copy to the Law & Judiciary Department, if the defect in the conducting of the prosecution by the Public Prosecutor, is noticed or found.

If it is decided that no scrutiny is necessary, the judgment is returned to the concerned Superintendent of Police. In addition to the above, scrutiny of investigation of selected serious cases is done, with a view to remove or minimize the defects in the investigation and offers guidance to the Investigation Officer. The Conferences/Seminars for Investigation Officers and Prosecutors are arranged at various Districts places.

The Directorate also arranges tours for scrutiny of the investigation / na charge sheet in order to remove the defects in investigation of serious crimes. The Directorate also gives guidance to Investigation Officers of the concerned district. Several visits are arranged to the Divisional headquarters for the above purpose. The seminars and work-shops are also arranged in the entire state. Similarly the Directorate gives guidance to the newly appointed Public Prosecutors and Police Academy and other Police Training Schools. In important matters, opinion / guidance is also to be given to the government, when asked for.

As per the direction of the Hon’ble Supreme Court, the Government vide the Resolution dtd.20.05.1997 has constituted separate cadre of prosecutors working in the State of Maharashtra and they are now placed under the control of this directorate.

Now all the administrative matters in respect of such prosecutors are dealt with by Directorate of Public Prosecution.

Directorate handles administrative matters of public prosecutors. In accordance with the instructions issued vide Government Resolution, finance Department dated 11.2.2016. Home Department vide Government Resolution Dated 1.2.2021, fixed revised posts of 1431. However, by Government Resolution dated 5th July, 2021. 576 Posts of Group “A” to “C” have been created at present there are 2007 posts in Directorate.