Public Prosecutor in Pakistan — Definition, Duties & Obligations

1. Definition of Public Prosecutor

A Public Prosecutor is a law officer of the State who represents the Government in criminal proceedings before the courts. In Punjab, Pakistan, Public Prosecutors operate under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, and the Code of Criminal Procedure, 1898 (Cr.P.C.).

Legal Definition (Section 492, Cr.P.C.):

“The Provincial Government may appoint, generally or for any specified case, or for any specified class of cases, in any local area, one or more Public Prosecutors, and may also appoint one or more Additional Public Prosecutors for any such area.”

In simpler terms, a Public Prosecutor is the official legal representative of the State responsible for conducting criminal trials, supervising investigations, and ensuring justice is served according to law.

2. Structure of Prosecution Service in Punjab

The Punjab Criminal Prosecution Service was established under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 to ensure independence, professionalism, and accountability in criminal prosecutions.

Hierarchy Includes:

1. Prosecutor General Punjab (BS-21) – Head of the Prosecution Service.

2. Additional Prosecutor General (BS-20)

3. Deputy Prosecutor General (BS-19)

4. Deputy District Public Prosecutor (BS-18)

5. Assistant District Public Prosecutor (BS-17)

6. Public Prosecutors / Assistant Prosecutors (posted in district & tehsil levels).

Each rank has defined functions and jurisdiction — from supervising prosecutions to appearing in trial and appellate courts.

3. Role and Purpose

The main purpose of the Public Prosecutor is not merely to secure a conviction but to ensure that justice is done. They act as officers of the court rather than agents of the police or the complainant.

Core Objectives:

• To prosecute offenders in accordance with law and evidence.

• To safeguard the rights of the accused and victims.

• To ensure fair, impartial, and efficient trials.

• To advise the police on legal matters during investigation.

• To maintain public confidence in the justice system.

4. Duties and Responsibilities of Public Prosecutors

According to Section 9–14 of the Punjab Criminal Prosecution Service Act, 2006 and related rules, Public Prosecutors have the following duties:

5. Powers of Public Prosecutors

Under the Criminal Procedure Code (Cr.P.C.) and Prosecution Act, 2006, Public Prosecutors have significant legal powers:

• Section 494, Cr.P.C. – May withdraw from prosecution with the consent of the court.

• Section 495, Cr.P.C. – Can appear and plead before any court in criminal cases.

• Section 265-D, Cr.P.C. – Required to open the prosecution case in a Sessions Trial.

• Section 268 & 271, Cr.P.C. – May examine, produce, or recall witnesses.

• Section 9, Punjab Act 2006 – Power to supervise, monitor, and guide investigations.

6. Ethical Obligations and Professional Conduct

Public Prosecutors must follow a strict code of conduct, as laid down by law and ethics of advocacy.
Key ethical obligations include:

• Impartiality: Must prosecute based on evidence, not bias or political influence.

• Fairness: Must disclose exculpatory evidence to the defense.

• Accountability: Must maintain transparency in decisions to prosecute or withdraw.

• Confidentiality: Must protect sensitive case information.

• Professional Integrity: Must not misuse authority for personal or political purposes.

7. Relationship with Police and Courts

While the police investigate, the prosecutor evaluates whether the case should proceed to trial.
This ensures separation of investigation and prosecution, promoting fairness and preventing misuse of power.

The Public Prosecutor assists the court — not as a partisan, but as a minister of justice whose primary duty is to uphold the rule of law.

8. Accountability and Oversight

The Prosecutor General Punjab supervises the overall prosecution system and is accountable to the Government of Punjab (Home Department).
Performance is monitored through Key Performance Indicators (KPIs), case outcomes, and internal audits.

Appointment Hierarchy & Process — Public Prosecutors in Punjab, Pakistan

Appointment Process (Step-by-Step) Public prosecutor jobs

Key Principles of Appointment

• Merit-Based & Transparent: Conducted via PPSC with equal opportunity.

• Professional Competence: Law degree + bar experience mandatory.

• Independence: Free from political or police pressure.

• Ethical Standards: Integrity, impartiality, and accountability.

Supervisory Chain

Chief Minister Punjab
       │
Prosecutor General Punjab
       │
Additional Prosecutor General
       │
Deputy Prosecutor General
       │
Deputy District Public Prosecutor
       │
Assistant District Public Prosecutor
       │
Public / Assistant Prosecutor

A Public Prosecutor is a vital pillar of the criminal justice system — representing the State’s commitment to fair, impartial, and transparent trials. Their role demands legal competence, independence, and moral integrity.

Their primary duty is not to secure a conviction at all costs, but to ensure justice is done, protecting both society and the rights of the accused in accordance with the Constitution and law.