The Code of Criminal Procedure (CrPc) is a procedural law that was enforced on April 1, 1974. Further, it is noteworthy that this procedural law is not wholly procedural or adjective in nature. The law of criminal procedure code is meant to be complementary to substantive criminal law. It has been devised to create the necessary machinery for the detention of crime, arrest of criminals, collection of evidence, recording and framing of charges, determination of the guilt or innocence of the person, and the imposition of suitable punishment on the guilty person. Besides, the code also deals with the prevention of offenses (Section 106- 124, and 144-153), maintenance of wives, children, and parents; [Section 125-28] and public nuisances. [Section. 133-43] and diverse functionaries. to elaborate on the functionaries, there are copious functionaries under the Code of Criminal Procedure,1973 who accommodate to regulate the various provisions of the code. The functionaries are necessary for the proper functioning of the code. The different functionaries mentioned under the code are
1) the police; 2) the prosecutors; 3) defense counsels; 4) Magistrates, and judges of higher courts; 5) the prison authorities and Correctional Services Personnel.
The powers and the functions of these functionaries are mentioned in the code.
The author will endeavour to explain two of these functionaries i.e., the Prosecutor and the Defence Counsel.
PROSECUTOR AND DEFENCE COUNSEL: CONCEPTS UNDER CrPC, 1973