Section 225 CrPC: Trial Conducted by Public Prosecutor
1. State the Code
Section 225 of the Code of Criminal Procedure (CrPC), 1973, deals with the power of a public prosecutor to conduct the trial in certain situations.
2. Explain the Code
Section 225 empowers a public prosecutor to conduct the trial of an offense in the following scenarios:
- When the accused is in custody.
- When the accused has been released on bail but is absent from the trial.
- When the accused, although present, is unable to engage a pleader.
- In cases where the accused is a corporation or a company, the public prosecutor may conduct the trial.
However, the public prosecutor cannot conduct the trial if the accused is present and has engaged a pleader.
3. Illustrate the Code
Imagine a situation where an accused person is in custody and unable to hire a lawyer. In this case, the public prosecutor can conduct the trial on behalf of the state. The public prosecutor will examine witnesses, present evidence, and argue the case in court.
4. Common Questions and Answers
- Q: Can a public prosecutor conduct a trial even if the accused is present and has engaged a lawyer?
A: No. Section 225 does not allow a public prosecutor to conduct the trial if the accused is present and has engaged a lawyer.
- Q: What are the circumstances under which a public prosecutor may conduct a trial?
A: A public prosecutor may conduct a trial when the accused is in custody, when the accused is absent from the trial after being released on bail, or when the accused is present but unable to engage a pleader. This also applies in cases involving corporations and companies.
- Q: What is the purpose of Section 225 CrPC?
A: Section 225 ensures that the trial process proceeds smoothly and fairly even if the accused is unable to represent themselves. It aims to protect the rights of both the accused and the prosecution.
