Police Report, Pleader, Public Prosecutor

Police Report, Pleader, Public Prosecutor

POLICE REPORT –

According to section 2(r) of the code of criminal procedure “police report”means a report forwarded by police officer to a Magistrate under sub-section (2) of section 173 of code of criminal procedure. It includes the following.

  • Name of parties
  • nature of information
  • names of person acquainted with the circumstances
  • whether any offence appears to have been committed
  • whether the accused has been arrested
  • whether he has been released on bail
  • whether he has been convicted

PLEADER

According to section 2(q) of the code of criminal procedure, pleader when used with reference to any proceeding in any court means a person authorised by under any law for the time being in force to practise in such court and includes any other person appointed with permission of the court to act in such proceeding. 


From the above it is clear that the inclusive part of the definition suggests that a private or non-legal person may be appointed to plead the case with the permission obtained by the court. In Hari Shankar Rastogi v. Girdhari Sharma, AIR 1978 SC 1019, It was held that however such permission maybe withdrawn according to the situation of the case.

PUBLIC PROSECUTOR

According to section 2(u) “public prosecutor” means any person appointed under section 24 and includes any person acting under in the directions of a public prosecutor.

Public prosecutor may be treated as an officer of the court, he has to act on behalf of the state. Section 24 of the act contains provision regarding the appointment of public prosecutor.

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