- The following procedure shall be followed when prosecutions are instituted by public officers :-Where the charge is of a cognizable offence, the prosecution shall ordinarily be conducted by the police. Where the charge is of an offence, which is non-cognizable, or though cognizable, calls for special arrangements, the officer who prefers the complaint should refer for instructions to the Magistrate of the district, who may, if he thinks fit, either instruct the officer himself to prosecute, or if the case is of a complicated and difficult nature, rendering in his opinion the employment of the Public Prosecutor, or some legal practitioner necessary for proper prosecution, direct the Public Prosecutor or some other person to prosecute and report the matter for sanction of the Legal Remembrancer. If there is sufficient time, the Legal Remembrancer's permission shall be taken before the Public Prosecutor or any other pleader is employed to conduct cases in Magistrates' Courts in the headquarters of the district. In subdivisions a member of the local bar of sufficient experience and ability may be employed, in consultation with the Sub-divisional Magistrate, to represent the Crown, subject to the sanction of the Legal Remembrancer. The District Magistrate is responsible to the Provincial Government that Crown prosecutions do not fail because the Provincial Government is not adequately represented. He shall, therefore, make the best arrangements for the proper conduct of cases. The sanction of the Legal Remembrancer is necessary only to check the tendency of district authorities to engage pleaders in unimportant cases.
