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8

Conduct of Prosecution

Act: Balochistan Prosecution Service (Constitution, Functions and Powers) Act 2003

Section Provisions

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 8. Conduct of Prosecution.--The prosecution of criminal offences shall be conducted in the following manner, namely:-- (a) the investigation officer shall send the case together with the evidence to the concerned Public prosecutor; (b) Prosecution shall not take effect against persons other than those designated as the accused on the basis of available evidence, by the competent public prosecutor; (c) the public prosecutor shall have the right of audience before any Court in respect of any case assigned to him; (d) a public prosecutor may, within his jurisdiction, issue general guideline to police officers regarding the state of their investigation and other matters necessary for the fulfilment of the purpose of effective prosecution; (e) District Public Prosecutor may ask Head of Investigation in district .to take disciplinary action against investigation officer, where sufficient reasons exist to believe that investigating officer has colluded or has not exercised due diligence in conducting investigation, misrepresented the facts of the case or prepared the report inefficiently; and (f) The Prosecutor General or the District Public Prosecutor may, when he deems necessary in cases where police officers fails to follow any suggestions or instructions of public prosecutor under this Ordinance, call for disciplinary action against the investigation officer with the competent authority and the Government.