Public Prosecutor - Law Dictionary Search Results
Home Dictionary Name: public prosecutorPublic prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
Advocate, Lord
Advocate, Lord, the principal Crown Lawyer in Scotland, and one of the great Officers of State of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecute upon obtaining his concurrence. He is assisted by a Solicitor-General and four junior counsel, termed advocates-depute. He has the power of appearing as public prosecutor in any Court in Scotland where any person can be tried for an offence, or in any action where the Crown is interested, but it is not usual for him to act in the inferior Courts, which have their respective public prosecutors, called procurators-fiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted according to the English method. Until the creation of the office of Secretary for Scotland the Lord Advocate was virtually Secretary of State for Scotland. Consult Omond's Lord Advocates of Scotland....
Prosecuting officer
Prosecuting officer, means a person, by whatever name called, appointed to perform the functions of a public prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code. [Code of Criminal Procedure, 1973 (2 of 1974), s. 24(6) (Exp-b) (prev.)]...
Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Regular Cadre of Prosecuting Officers
Regular Cadre of Prosecuting Officers, means a Cadre of Prosecuting Officer which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors by whatever name called, to that post. [Code of Criminal Procedure, 1973 (2 of 1974), s. 24(6). Expln. (a) (Prov)]...
public
public 1 a : exposed to general view [ indecency] b : known or recognized by many or most people 2 a : of, relating to, or affecting all of the people or the whole area of a nation or state [ statutes] b : of or relating to a government : authorized by, administered by, or acting for the people as a political entity [ expenditures] [the prosecutor] c : of, relating to, or being in the service of the community or nation [holding office] d : provided for, used by, or containing the records of a government agency [the post office and other buildings] 3 : of or relating to people in general 4 : of or relating to business or community interests as opposed to private affairs [ policy] [a matter of concern] 5 : devoted to the general or national welfare [actions motivated by spirit] 6 : accessible to or shared by all members of the community [a hearing] [a park] compare private 7 : capitalized in shares that can be freely traded on the open market often used with go pub·...
Crown Solicitor
Crown Solicitor. In Ireland there were officrs called Crown solicitors attached to each circuit, whose duty it was to get up every case for the Crown in criminal prosecutions. They were paid by salaries. In Scotland the still better plan exists of a Crown prosecutor (called the Procurator-Fiscal, and being a subordinate of the Lord-Advocate) in every county, who prepares every criminal prosecution. As to England, see PUBLIC PROSECUTOR....
Prosecution
Prosecution, a proceeding either by way of indict-ment or information, in the criminal courts, in order to put an offender upon his trial. In all criminal prosecutions the King is nominally the prosecutor. See titles PUBLIC PROSECUTOR and ADVOCATE, LORD.The word 'prosecution' as used in Article 20 contemplated a proceeding of a criminal nature either before a court or a judicial tribunal, Thomas Dana v. State of Punjab, AIR 1959 SC 375: (1959) Supp 1 SCR 274.Means a criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734.Means criminal proceedings in general. It includes all criminal proceedings to which any oral obloque is attached, ST Sahib v. Hasan Ghani Sahib, AIR 1957 Mad 646.Means a person appointed by the government to conduct all prosecutions on behalf of the State, Mansoor v. State of Madhy...
special prosecutor
special prosecutor : a prosecutor appointed to prosecute particular cases that the regular prosecutor is unable or unqualified to prosecute or for other reasons does not prosecute see also independent counsel ...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
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