criminal
ankit gupta
(Querist) 01 July 2009
This query is : Resolved
dear reader
i want to ask that when a FIR is launched and the case is named as STATE VS XYZ then,are the expenses of the public prosecutor paid by the agrieved party or the state itself
please elaboratly tell the procedure on filing the case by state on somebody application os suo-motu.
thanks regards
ankit gupta
9891803682
Kiran Kumar
(Expert) 01 July 2009
Ankit protection of rights of individual in all respects is the duty of the state.
as far as public prosecutor is concerned they are not entitled or permitted to recieve even a single paisa from the agrrieved party to pursue the case, they are govt appointed officers and are paid salary...if they demand any such booty then it amounts to corruption.
from state side the criminal matters generally are initiated with the filing of challan by the police in the courts....though special acts prescribe special procedure also.
the whole procedure can be understood from the Criminal Procedure Code.
Shashwat Shukla
(Expert) 02 July 2009
Dear Mr. Ankit,
Mr. Kumar is right. Public Prosecutor is a public servant and they are not authorized to take a single penny from the opposite party because the State Govt. already pay salary for watching cases filed against the State. So far as procedure is concern you may go through the Cr. P. C.
deepak kumar
(Expert) 02 July 2009
crime is offence against society and as such the state prosecutes the offender. the informant is person who sets the wheels of justice in motion, he is not required to pay anything and the expenses are borne by the state.
the procedure of filing the case is simple 1) a person goes to the police and lodges a FIR. From that point onwards the state machinery takes the matter in it's hand and investigation, prosecution etc. is done by the state.
2) a person goes to the civil court and lodges a complaint case. in this scenario he has to satisfy the court in order for it to take cognizance of the offence.
PALNITKAR V.V.
(Expert) 02 July 2009
On filing of the FIR, the state has to take care of investigation and of filing of chargesheet in the court. The public prosecutor in charge of the case has to conduct the case in a fair manner. The Government bears the expenses of the prosecution including the remuneration of the Public Prosecutor.
PARTHA P BORBORA
(Expert) 02 July 2009
an FIR can be filed in any police station under jurisdiction of which the crime is comitted. it is termed as FIRST INFORMATION REPORT so the inmformation given in the FIR about the comission of a crime, first in the point of time. An FIR may be filed in writing or may be oral but in case of a oral FIR, the investgating officer shall record the information in writting.
In India it is presumed that all offences are agaist the society, so it is the Govt to protect the rights of its citizens and thus the Pubic Prosecutors are paid by the Govt. in a case arisen out on a police report all expences of the prosecution is brone by the state.
