"DECONSTRUCTING THE LEGAL IDENTITY AND INSTITUTIONAL ROLE OF THE PUBLIC PROSECUTOR IN INDIA: A COMPREHENSIVE ANALYSIS OF DOCTRINAL FRAMEWORKS, JUDICIAL INTERPRETATIONS, AND THE STRUCTURAL ARCHITECTURE OF THE CRIMINAL JUSTICE SYSTEM"

Abstract

This paper undertakes a comprehensive and critical examination of the legal identity and institutional role of the public prosecutor within the Indian criminal justice system. Grounded in a rigorous doctrinal analysis, the study meticulously dissects relevant statutory provisions, procedural codes, and well-established legal principles that collectively define and regulate the prosecutorial function in India. It critically explores how judicial interpretations, spanning landmark Supreme Court and High Court rulings, have not only clarified but also at times transformed the scope of prosecutorial authority, discretion, and responsibilities. This jurisprudential exploration highlights the dynamic nature of prosecutorial roles and the evolving legal standards that govern their conduct.By situating the public prosecutor within the broader structural architecture of India’s criminal justice system, the paper interrogates the complex interplay between institutional mandates, systemic constraints, and normative expectations. It examines how prosecutorial functions operate at the nexus of legal mandates, policy imperatives, and socio-political influences, which collectively shape the effectiveness and integrity of criminal justice delivery. The study foregrounds key challenges such as prosecutorial independence vis-à-vis executive control, accountability mechanisms, ethical dilemmas, and the persistent gap between legal ideals and ground realities. The paper engages with contemporary debates on legal and institutional reforms aimed at strengthening the office of the public prosecutor in India. It analyzes proposals to enhance prosecutorial autonomy, improve transparency, and align prosecutorial practices with international standards of justice and human rights. Through this multidimensional inquiry, the paper contributes a nuanced understanding of prosecutorial power, emphasizing its critical role not merely as a procedural function but as a fundamental pillar in safeguarding fairness, efficiency, and the rule of law. Ultimately, the study underscores the need for an integrated approach to reform that balances prosecutorial independence with effective oversight to advance justice in India’s evolving criminal justice landscape.