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ACT VI OF 2003 ACT VI OF 2003 BALOCHISTAN PROSECUTION SERVICE (CONSTITUTION, FUNCTIONS AND POWERS) ACT, 2003 An Act to reorganize and establish the Prosecution Service in the Province of Balochistan. [Gazette of Balochistan, Extraordinary; 17th October, 2003] No.PAB/Legis: V(8)/2003, dated 17-10-2003.--The Balochistan Prosecution Service (Constitution, Functions and Powers) Bill, 2003, having been passed by the Provincial Assembly of Balochistan on 7th October, 2003 and assented to by the Governor of Balochistan is hereby published as an Act-of the Provincial Assembly. It is hereby enacted as follows:-- CHAPTER - III POWERS AND FUNCTIONS OF PUBLIC PROSECUTORS 7. Functions of a Public Prosecutor.---A Public prosecutor, in discharge of his lawful duties and in respect of a case the prosecution whereof, is lawfully assigned to him shall perform the following functions, namely:-- (a) It shall be the duty of a public prosecutor to safeguard the interest of the state in prosecution of cases before the competent Courts. (b) The public prosecutor being competent in respect of a particular case of class of cases shall on receipt of the final report:-- (i) send the same before the competent Court for trial; or' (ii) withhold the same for want of proper evidence and return it to the investigation officer with written direction to resubmit the report after removal of the deficiencies so identified by him. (c) in respect of compoundable offences other, than those which, are punishable by death or life imprisonment, the Prosecutor General and in respect of compoundable offences punishable with imprisonment for seven years or less, the District Public Prosecutor, may withhold prosecution if reasonable grounds exist for the public prosecutor, to believe that the same shall be 'compounded: Provided that if the offence is not compounded within a period of .one month, he shall send the report in the competent Court for prosecution and trial. (d) in respect of offences other than those which are punishable by death or life imprisonment, the Prosecutor General and ,in respect of offences punishable with imprisonment for seven years or less, the District Public Prosecutor, may apply supported with reasons, to the Court of competent jurisdiction for the discharge of case if the institution of the case has been found to be mala fide, wrongful or weak from evidentiary view point: Provided that an application under this section shall accompany the report under section 173 of the Code: Provided further that the competent Court may dispose off the application as it may deem fit; and (e) in respect of any case instituted by a public prosecutor before a competent Court, any private person representing the complainant shall act under the direction of the public prosecutor.