Section 20 in Karnataka Conduct of Government Litigation Rules, 1985
20. Criminal Cases.
(1)It shall be the duty of the Prosecutor to ensure that necessary and proper charges are framed against the accused and their plea recorded according to law. The Prosecutor shall take care to get the charge amended wherever necessary.(2)The Prosecutor shall take necessary steps to get the summons/warrants issued by the court to secure the presence of the witnesses. He should also instruct the police to keep necessary number of witnesses in attendance. It shall be the duty of the Prosecutor to conduct prosecution in accordance with law and examine all necessary witnesses to place the entire case of the prosecution before the court. The Prosecutor shall ensure the marking of all the documents and exhibits and properties as material Objects through the concerned witnesses required for proof of the charges framed against the accused.(3)The Prosecutor shall take all necessary steps to obtain co-ordination and co-operation of the police for getting the summons served and warrants executed on the witnesses/ accused, as the case may be, and the same are returned to the court well in time and to enforce the attendance of the witnesses in general, and police and official witnesses and investigating officers in particular, for giving evidence before court. He shall render necessary assistance to the court during hearing, and trial of the case for smooth and speedy disposal of the criminal cases.(4)On the commitment of the case by the Magistrate to the Sessions Court, the Prosecutor shall forward the case papers to the concerned Public Prosecutor as early as possible and at any rate not later than one week from the date of commitment.(5)In every case ending in acquittal or where there is a conviction only for a minor offence, the accused having been acquitted of more serious offence, or where the court gives a lesser sentence or where the case ends in acquittal of some of the accused before the court by any Magistrate or Sessions Judge the Prosecutor in charge of the said case shall obtain a certified copy of the judgment and submit it within 15 days from the date of judgment along with his opinion indicating the grounds for filing or not filing an appeal, to the concerned Deputy Director of Prosecutions. Wherever a Prosecutor recommends an appeal or revision etc. against the judgment or order an appellate or revisional court he shall invariably send the certified copies of the judgment or order of the trial court also along with the copy of the order of the appellate court.(6)Every proposal to file an appeal or revision shall be examined and decision taken by the Deputy Director concerned in consultation with the Deputy Inspector General of Police and in cases in which he is not authorised to take final decision the Deputy Director shall forward the copy of the judgment together with his views and the views of the Deputy Inspector General of Police to the Director of Prosecutions without any delay keeping in view of the period of limitation. Subject to his powers in the matter of taking final decision the Director of Prosecutions and Government Litigation shall take final decision in the matter referred to him by the Deputy Director.(7)The Director of Prosecutions and Government Litigation shall forward the certified copy of the order or judgment, whether original, appellate or revisional, passed by the Sessions Judge or by a Magistrate in respect of an offence, the maximum punishment for which is 10 years of imprisonment or more, to the Department of Law & Parly. Affairs along with his opinion as to the feasibility of filing an appeal or revision against such order or judgment. If that order or judgment is of an appellate or revisional authority and if he recommends an appeal or revision, a copy of the order or judgment of the original court shall also be sent. All the said papers should reach the Dept. of Law & Parly. Affairs atleast 10 days before the last date for filing of the appeal or revision, as the case may be, and such last date shall be indicated in the communication in bold letters.(8)On receipt of the said papers, the Department of Law and Parly. Affairs shall examine the matter in detail with reference to court decisions and take a decision whether to file or not to file an appeal or revision. If it is decided to file an appeal or revision the main grounds on which the order of the lower court is to be challenged shall be indicated in the file. It would not be correct for the Department of Law & Parly. Affairs to take summary decision without recording the reasons. Case law, if any, in support of the decision shall also be indicated.(9)If it is decided that the order requires to be challenged in appeal or in revision, an order authorising the concerned Law Officer to prefer an appeal or revision, as the case may be, shall be issued. Copy of such order shall be sent to the Director of Prosecutions and Government Litigation and Director General of Police. Along with the copy of the order sent to the Law Officer, a note containing the main grounds to be canvassed before the court, case law, if any, in support thereof shall also be sent. On receipt of the order, the Law Officer shall prepare the memorandum of appeal or application for revision, as the case may be, and file the same before the court within the period of limitation. A copy of the memorandum of appeal or application so prepared and file before the court along with a copy of the order of the lower court shall be sent to the Department of Law and Parly. Affairs which shall maintain a separate file in respect of each case containing copies of all relevant papers. The concerned Addl.Secretary in Dept. of Law & Parly. Affairs shall watch the progress of the case and give such periodical instructions as he considers necessary to the Law Officer.(10)If it is decided that there are no grounds to file an appeal or revision, the same may be got approved by the Minister in-charge.(11)When an appeal or other proceedings is instituted against the State Government and a notice in respect thereof is served on any officer of the Government, he shall send it to the Dept. of Law & Parly. Affairs and a copy thereof shall be sent to the Director of Prosecutions and Government Litigation who shall send a report indicating the pleas to be urged before the court. On receiving such report, the Department of Law & Parly. Affairs shall examine the matter and indicate further points, if any, to be urged before the court, and by order, authorise the Law Officer to appear for the State Government. A copy of the order shall be sent to the Law Officer along with a note containing the pleas to be urged before the court.(12)The Law Officer shall study the case and the case law on the subject and keep himself ready for conducting the case.(13)Immediately after the appeal, revision or other proceedings are disposed off by the High Court the Law Officer shall inform the same to the Department of Law & Parly. Affairs and the Director of Prosecutions and shall, without any loss of time, apply for a certified copy of the judgment or order, as the case may be. Immediately after receiving the certified copy, he shall send the same to the Dept. of Law & Parly. Affairs long with his opinion regarding the feasibility of agitating the matter further in the Supreme Court. On receipt of the certified copy of the judgment or order along with the opinion of the Law Officer, the Department of Law & Parly. Affairs shall take a considered decision supported by cogent reasons about the feasibility of agitating the matter further in the Supreme Court.(14)If it is decided not to agitate the matter further in the higher court, the same may be got approved by the Minister in-charge.(15)If it is decided to file an appeal before the Supreme Court, necessary orders shall be issued.(16)While examining the matter under sub-rule (7) the Director of Prosecutions shall see whether the case has gone against the Government because of any fault of the Investigating Officers or of the Officer in-charge of the Prosecutions, and the views of the Department shall be communicated to the officer concerned, and if in the opinion of the Director of Prosecution it amounts to misconduct, necessary action shall be taken in the matter by him and if he cannot take any action, the Department of Law and Parliamentary Affairs shall be requested to take appropriate action by sending the concerned papers.(17)The Prosecutors shall discharge their duties subject to such control and supervision of the Director and the Deputy Director of Prosecutions.(18)The practice of Superintendents of Police attending and watching the proceedings in Session Courts when session cases are being tried is slowly disappearing. That practice had the salutary effect on the functioning of the lower Police Officer and the Law Officers resulting in better conduct of the case. It is necessary to enforce that practice strictly. The Superintendent of Police should invariably attend the session Courts and watch the trial of sessions cases especially murder and other heinous offences.Part-X Miscellaneous
