CrPC S. 24(8)
CrPC 301(2)
Assistance given by the victim’s counsel is meant to be given to the prosecution in general – Do not find that the use of the words “under this subsection” in the proviso to Section 24(8) implies that a victim’s counsel can only be engaged to assist a Special Public Prosecutor – Such an interpretation would go against Section 301(2), which makes the pleader instructed by a private person subject to the directions of the Public Prosecutor or the Assistant Public Prosecutor – A harmonious reading should be given to these provisions to give them full effect and credence should be given to the overall emphasis on victimology underlying the 2009 Amendment Bill, as reflected in its Statement of Objects and Reasons – In view of this context and the provisions of the CrPC, there appears to be no justifiable basis for applying the provision only with respect to Special Public Prosecutors – Thus, we find that the assistance given by the victim’s counsel is meant to be given to the prosecution in general.
Read Judgment : 2019 PLRonline 3015
