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Citizen’s charter




•   Introduction




•   Organization


•   The Director


•   The Public Prosecutor


•   The Asst. Public Prosecutor


•   Motto
Introduction


   The Directorate of Prosecution was established in the year 1982.
The office of the Directorate of Prosecution is the Headquarter of the
Prosecution of the State having its office in Shrama Shakti Bhavan,
7th floor, at Patto Panaji.




   The Directorate is headed by a ‘Director’, who is an overall
supervisory authority of the Prosecution in the state. The Director
acts as the co-coordinator between the Investigating Agency and the
Prosecutors. This prosecuting Agency is separate and independent
from the Investigating Agency and also from the Judiciary.




   The Directorate is responsible for the conduct of the prosecution
in all the courts in this state and has liberty of scrutinizing the
evidence in all the cases prior to their filing in the courts and
ensures that the investigation is conducted in accordance with law.
ORGANISATION


  The Directorate of Prosecution is headed by the Director of
Prosecution who is appointed under Section 25A of Cr.P.C. The
Chief Secretary to the Government of Goa is the Administrative
Secretary for the Directorate of Prosecution.
     At present there are 02    contract PPs in the Hon’ble High
Court and at Sessions level there are 07 Public Prosecutors, 05
Ad-hoc Public Prosecutors and 23 Assistant Public Prosecutors (4
contract basis) working under the Directorate. All the offices of
the APPs and of the PPs are situated in the respective Court
Premises, except those of PPs in the Hon’ble High Court.
DIRECTOR


Role and Responsibility



(a) Supervisory and Administrative Responsibility:



       The Director of Prosecution is the Head of the Department
   and in her capacity as such Head of Department, is also the
   Reporting and Controlling Authority in respect of Public
   Prosecutors (PPs) and the Assistant Public Prosecutors (APPs).

        The day-to-day functioning of the offices of the PPs and
   of the APPs comes under the direct administrative control of
the Director of Prosecution. Further, the Director of
   Prosecution has the responsibility of supervising the
   functioning of the PPs and the APPs vis-à-vis the smooth,
   proper and effective conduct of the prosecution cases and
   issue suitable directions for the aforesaid purpose from time
   to time and as and when deemed necessary.



(b) Rendering of Opinion:

       The Director renders legal advice/Opinion to the Police
    Department in the respect of cases exclusively triable by the
    Sessions Courts and also gives advice to the other
    Government Departments whenever required in criminal case.
    Legal opinion is sought on the matters relating to the
    feasibility of filing appeals/revision against the Orders of
    Courts in criminal cases/Appeals etc.



(c) Training:

         Director also organizes trainings, seminars, workshops
    for the Prosecutors, so that they are kept abreast with the up
    to date knowledge, interpretations and amendments of
    various law and latest citations.




(d) Financial Responsibility:

    Director looks after the financial matters and is the Budget
    Controlling Authority for offices of PPs and APPs.



PUBLIC PROSECUTORS (High Court)
Public Prosecutors for High Court of Bombay, Goa Bench are
appointed u/s 24(1) of Cr.P.C. There are 02 Public Prosecutor
appointed on contract basis. They are Gazetted Officers in “Group
A” cadre.



      The offices of the 02 contract PPs are situated at the
following addresses.


 Sr.No.        Office address     Phone     Number of PPs
                                   No.

 1.       Panaji                                   02

          a)   B/S-2, Campal 2434957
               Trade    Centre,
               Opp.       Kala
               Academy,
               Campal, Panaji
               Goa.
                                2420363
          b) Flat No. 1, O Joao
              D’Costa     Road,
              Opp. New Patto
              Bridge,    Camila
              Bldg., Panaji




PUBLIC PROSECUTORS ( Sessions Court)
Public Prosecutors are appointed u/s 24(2) of the Criminal
Procedure Code. There is a Regular cadre of Prosecuting Officers
who are promoted as Public Prosecutors. They are Gazetted
Officers in “Group A” cadre. Their offices are situated in the
respective court building.



The offices of the PPs are situated at the following places:
Sr.No. Places                  Phone     Number        Number of
                               No.       of PPs        courts

1.     Panaji

        a)District     & 2423766              03           03
         Sessions Court
         Bldg.,     (near
         Panaji
         Residency)

        b)       Children’s                   01           01
         Court at 1st floor,
                                         (additional
         Shrama Shakti
                                          charge is
         Bhavan,      Patto
                                           given to
         Panaji.
                                            PP in
                                            Addl.
                                          Sessions
                                            Court.
                                                           01
        c) Addl. Sessions                     01
         Court,     Velho
         Filho     Bldg.,
         Panaji

       d)  )Fast  Track                                    01
                                              01
        Court     Junta
        House, Panaji,
2.    Mapusa

      (a) NDPS Court, 2253733             01         01
      Bldg. Mapusa.

      (b)  Fast  Track
      Court, Tar Bldg.,                   __         Not
      Mapusa                                     functioning

3.    Margao

      (a) Dist. & Session 2704455    05              05
      Court        Bldg.,
      Margao

      (b) Fast Track, 2704455        01              01
      Dist. & Sessions
      Court      Bldg.
      Margao




Working hours:



Working hours of the PPs are from 09.30 a.m. to 5.30 p.m. with
lunch break from 1 p.m. to 2 p.m. However from 10 a.m. to 1
p.m. and from 2.30 p.m. to 5.30 p.m. they remain in their
respective Courts, whenever cases are fixed for hearing by the
courts.
Duties and functions of Public Prosecutors/Addl. PPs.



 (a) Basic functions:

   (i) Public Prosecutors ( High Court):

            The Public Prosecutors appointed in the Hon’ble High
       Court appear in Appeals and Revision against the Orders of
       the lower courts, filed before the Hon’ble High Court.



   (ii) Public Prosecutors (Session level):

        The Public Prosecutors appointed in the Hon’ble High
   Court appear in Appeals and Revision against the Orders of the
   lower courts., before Session Courts.



       The Public Prosecutors are conducting prosecution of cases
 on behalf of the state in the Sessions Court, Addl. Sessions Court,
 Asst. Sessions Courts and Fast Track Courts in the State of Goa.
 The cases handled by the PPs are grave in nature and exclusively
 triable by the Sessions Courts.



           In addition to their above duties the PPs are appointed
 as Special Public Prosecutors before specially designated courts
 under various special acts like NDPS Act, under Prevention of
 Corruption Act, Prevention of Atrocities on SC & ST etc.
The Public Prosecutors appear in the appeals and revisions
filed against the order’s of JMFCs, in the Sessions Courts. The
PPs are also required to appear before the Chief Secretary in the
appeals arising out of the cases under Goa Maintenance of Public
Safety Act, 1988.



     The PPs also appear in the hearing of the bail applications
on behalf of the state.



  The Senior PPs are also directed to give the opinion before filing
the charge sheet in the cases to be filed on behalf of the state in
the courts of Judicial Magistrate First Class.

(b) Review of Judgement/Orders:



   The final Judgment and Order of either the Hon’ble High Court
or Lower Court in a particular case is not an end in justice
delivery system. Once the Judgment and Order is delivered by the
court the same is required to be scrutinized by the Public
Prosecutor who appeared in the matter. The PP has to examine
the Judgment and Order vis-à-vis the feasibility of preferring an
appeal to the next higher court and forward his/her opinion in
the matter to the concerned Investigating Officer. The said officer
after the requisite processing of the same, has to forward the file
through S.P. to Home Department. The said file is then forwarded
to Director of Prosecution through Home Department to render
her opinion in the matter vis-a-vis the Judgment/Order of the
court and the opinion thereon of the concerned PP and then
submit the file to the Home Department, who in turn place the
same before the Legal Advisor for further opinion if any.
Thereafter the matter is submitted for the decision of the
Government through Home Department.



ASSISTANT PUBLIC PROSECUTORS
Assistant Public Prosecutors are Gazetted Officers in Group “B”
cadre and are appointed u/s 25 of the Criminal Procedure Code.
At present 23 APPs are working under this Directorate. The APPs
are appointed for conducting Criminal cases in the Courts of
Judicial Magistrate First Class (JMFC) and in the Courts of Chief
Judicial Magistrates.




The details of the offices of the APPs are as under:


Sr.No.   Places       Address              Phone       No.     of
                                                       APPs

1.       Panaji       (a)   District   & 2423766          03
                      Sessions      Court
                      Bldg. Panaji.

                      (b) Directorate of 2437665          02
                      Prosecution,
                      Shrama       Shakti
                                 th
                      Bhavan, 7 floor,
                      Patto         Plaza,
Panaji.

  2.     Mapusa     Civil & Criminal ------             03
                    Court Building

  3.     Margao     Civil & Criminal 2715784            03
                    Court Building

  4.     Vasco      Civil & Criminal ---------          03
                    Court Building

  5.     Quepem     Civil & Criminal ----------         01
                    Court Building

  6.     Sanguem    Civil & Criminal ----------         01
                    Court Building

  7.     Canacona   Civil & Criminal -----------        01
                    Court Building

  8.     Pernem     Civil & Criminal -----------        01
                    Court Building

  9.     Ponda      Civil & Criminal ----------    02
                    Court Building

  10.    Valpoi     Civil & Criminal -----------   01
                    Court Building

  11.    Bicholim   Civil & Criminal ----------    02
                    Court Building




Working hours
Working hours of the APPs are from 09.30 a.m. to 5.30 p.m.
with lunch break from 1 p.m. to 2 p.m. However from 10 a.m. to
1 p.m. and from 2.30 p.m. to 5.30 p.m. they remain in their
respective Courts, whenever cases are fixed for hearing by the
courts.
Duties and functions of Asst. Public Prosecutors:



 (a) Basic functions :



   The Asst. Public Prosecutors conduct criminal cases before
 Judicial Magistrates First Class, Chief Judicial Magistrates,
 Executive Magistrates and in inquiries/proceedings before the
 special Magistrates.



    In Addition to cases filed by the police, they also deal with
 criminal cases of other Departments such as Directorate of Food
 and Drugs Administration, Labour Department, Forest
 Department, Town and Country Planning Department etc.



 (b) Review of Judgement/Orders:



    The final Judgment and Order of the trial court in a particular
 case is not an end in justice delivery system. Once the Judgment
 and Order is delivered by the court the same is required to be
 scrutinized by the Assistant Public Prosecutor who appeared in
 the matter. The APP has to examine the Judgment and Order vis-
 à-vis the feasibility of preferring an appeal to the next higher
 court and forward his/her opinion in the matter to the concerned
 Investigating Officer. The said officer after the requisite processing
 of the same, has to forward the file through S.P. to Home
 Department. The said file is then forwarded to Director of
 Prosecution through Home Department to render her opinion in
 the matter vis-a-vis the Judgment/Order of the court and the
 opinion thereon of the concerned APP and then submit the file to
 the Home Department, who in turn place the same before the
 Legal Advisor for further opinion if any. Thereafter the matter is
 submitted for the decision of the Government through Home
 Department.
(c) Drawing and disbursing Officer:



          The Senior most Assistant Public Prosecutor of the
     respective office also performs the function of Drawing and
     Disbursing officer.



(d) Delegado:



     The function of “Delegado” (who corresponds to the
     Representative of the Government before the court) is
     preformed by the Assistant Public Prosecutor under family
     laws of Goa, Daman and Diu.



          In their capacity as “Delegado” the APPs play a major role
     in the Adoption of Minors, Inventory Proceedings, Wills,
     Succession Deeds etc. to protect the interest of the minors.
     They also grant sanctions, for exemption from mandatory
     marriage notice period for marriages in cases of urgent
     Marriage Registrations.



  Motto



    The Prosecutors are always ready and willing to entertain and
  help the Members of society who approach them with their
  problems and difficulties, in the criminal matters, in which such
  member of the society is concerned. These problems are handled
with a sense of responsibility and prompt legal advice is rendered
as this Directorate, believes in its Motto:-



           ‘ LET JUSTICE BE DONE AT ALL LEVELS’.

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Charter

  • 1. Citizen’s charter • Introduction • Organization • The Director • The Public Prosecutor • The Asst. Public Prosecutor • Motto
  • 2. Introduction The Directorate of Prosecution was established in the year 1982. The office of the Directorate of Prosecution is the Headquarter of the Prosecution of the State having its office in Shrama Shakti Bhavan, 7th floor, at Patto Panaji. The Directorate is headed by a ‘Director’, who is an overall supervisory authority of the Prosecution in the state. The Director acts as the co-coordinator between the Investigating Agency and the Prosecutors. This prosecuting Agency is separate and independent from the Investigating Agency and also from the Judiciary. The Directorate is responsible for the conduct of the prosecution in all the courts in this state and has liberty of scrutinizing the evidence in all the cases prior to their filing in the courts and ensures that the investigation is conducted in accordance with law.
  • 3. ORGANISATION The Directorate of Prosecution is headed by the Director of Prosecution who is appointed under Section 25A of Cr.P.C. The Chief Secretary to the Government of Goa is the Administrative Secretary for the Directorate of Prosecution. At present there are 02 contract PPs in the Hon’ble High Court and at Sessions level there are 07 Public Prosecutors, 05 Ad-hoc Public Prosecutors and 23 Assistant Public Prosecutors (4 contract basis) working under the Directorate. All the offices of the APPs and of the PPs are situated in the respective Court Premises, except those of PPs in the Hon’ble High Court.
  • 4. DIRECTOR Role and Responsibility (a) Supervisory and Administrative Responsibility: The Director of Prosecution is the Head of the Department and in her capacity as such Head of Department, is also the Reporting and Controlling Authority in respect of Public Prosecutors (PPs) and the Assistant Public Prosecutors (APPs). The day-to-day functioning of the offices of the PPs and of the APPs comes under the direct administrative control of
  • 5. the Director of Prosecution. Further, the Director of Prosecution has the responsibility of supervising the functioning of the PPs and the APPs vis-à-vis the smooth, proper and effective conduct of the prosecution cases and issue suitable directions for the aforesaid purpose from time to time and as and when deemed necessary. (b) Rendering of Opinion: The Director renders legal advice/Opinion to the Police Department in the respect of cases exclusively triable by the Sessions Courts and also gives advice to the other Government Departments whenever required in criminal case. Legal opinion is sought on the matters relating to the feasibility of filing appeals/revision against the Orders of Courts in criminal cases/Appeals etc. (c) Training: Director also organizes trainings, seminars, workshops for the Prosecutors, so that they are kept abreast with the up to date knowledge, interpretations and amendments of various law and latest citations. (d) Financial Responsibility: Director looks after the financial matters and is the Budget Controlling Authority for offices of PPs and APPs. PUBLIC PROSECUTORS (High Court)
  • 6. Public Prosecutors for High Court of Bombay, Goa Bench are appointed u/s 24(1) of Cr.P.C. There are 02 Public Prosecutor appointed on contract basis. They are Gazetted Officers in “Group A” cadre. The offices of the 02 contract PPs are situated at the following addresses. Sr.No. Office address Phone Number of PPs No. 1. Panaji 02 a) B/S-2, Campal 2434957 Trade Centre, Opp. Kala Academy, Campal, Panaji Goa. 2420363 b) Flat No. 1, O Joao D’Costa Road, Opp. New Patto Bridge, Camila Bldg., Panaji PUBLIC PROSECUTORS ( Sessions Court)
  • 7. Public Prosecutors are appointed u/s 24(2) of the Criminal Procedure Code. There is a Regular cadre of Prosecuting Officers who are promoted as Public Prosecutors. They are Gazetted Officers in “Group A” cadre. Their offices are situated in the respective court building. The offices of the PPs are situated at the following places: Sr.No. Places Phone Number Number of No. of PPs courts 1. Panaji a)District & 2423766 03 03 Sessions Court Bldg., (near Panaji Residency) b) Children’s 01 01 Court at 1st floor, (additional Shrama Shakti charge is Bhavan, Patto given to Panaji. PP in Addl. Sessions Court. 01 c) Addl. Sessions 01 Court, Velho Filho Bldg., Panaji d) )Fast Track 01 01 Court Junta House, Panaji,
  • 8. 2. Mapusa (a) NDPS Court, 2253733 01 01 Bldg. Mapusa. (b) Fast Track Court, Tar Bldg., __ Not Mapusa functioning 3. Margao (a) Dist. & Session 2704455 05 05 Court Bldg., Margao (b) Fast Track, 2704455 01 01 Dist. & Sessions Court Bldg. Margao Working hours: Working hours of the PPs are from 09.30 a.m. to 5.30 p.m. with lunch break from 1 p.m. to 2 p.m. However from 10 a.m. to 1 p.m. and from 2.30 p.m. to 5.30 p.m. they remain in their respective Courts, whenever cases are fixed for hearing by the courts.
  • 9. Duties and functions of Public Prosecutors/Addl. PPs. (a) Basic functions: (i) Public Prosecutors ( High Court): The Public Prosecutors appointed in the Hon’ble High Court appear in Appeals and Revision against the Orders of the lower courts, filed before the Hon’ble High Court. (ii) Public Prosecutors (Session level): The Public Prosecutors appointed in the Hon’ble High Court appear in Appeals and Revision against the Orders of the lower courts., before Session Courts. The Public Prosecutors are conducting prosecution of cases on behalf of the state in the Sessions Court, Addl. Sessions Court, Asst. Sessions Courts and Fast Track Courts in the State of Goa. The cases handled by the PPs are grave in nature and exclusively triable by the Sessions Courts. In addition to their above duties the PPs are appointed as Special Public Prosecutors before specially designated courts under various special acts like NDPS Act, under Prevention of Corruption Act, Prevention of Atrocities on SC & ST etc.
  • 10. The Public Prosecutors appear in the appeals and revisions filed against the order’s of JMFCs, in the Sessions Courts. The PPs are also required to appear before the Chief Secretary in the appeals arising out of the cases under Goa Maintenance of Public Safety Act, 1988. The PPs also appear in the hearing of the bail applications on behalf of the state. The Senior PPs are also directed to give the opinion before filing the charge sheet in the cases to be filed on behalf of the state in the courts of Judicial Magistrate First Class. (b) Review of Judgement/Orders: The final Judgment and Order of either the Hon’ble High Court or Lower Court in a particular case is not an end in justice delivery system. Once the Judgment and Order is delivered by the court the same is required to be scrutinized by the Public Prosecutor who appeared in the matter. The PP has to examine the Judgment and Order vis-à-vis the feasibility of preferring an appeal to the next higher court and forward his/her opinion in the matter to the concerned Investigating Officer. The said officer after the requisite processing of the same, has to forward the file through S.P. to Home Department. The said file is then forwarded to Director of Prosecution through Home Department to render her opinion in the matter vis-a-vis the Judgment/Order of the court and the opinion thereon of the concerned PP and then submit the file to the Home Department, who in turn place the same before the Legal Advisor for further opinion if any. Thereafter the matter is submitted for the decision of the Government through Home Department. ASSISTANT PUBLIC PROSECUTORS
  • 11. Assistant Public Prosecutors are Gazetted Officers in Group “B” cadre and are appointed u/s 25 of the Criminal Procedure Code. At present 23 APPs are working under this Directorate. The APPs are appointed for conducting Criminal cases in the Courts of Judicial Magistrate First Class (JMFC) and in the Courts of Chief Judicial Magistrates. The details of the offices of the APPs are as under: Sr.No. Places Address Phone No. of APPs 1. Panaji (a) District & 2423766 03 Sessions Court Bldg. Panaji. (b) Directorate of 2437665 02 Prosecution, Shrama Shakti th Bhavan, 7 floor, Patto Plaza,
  • 12. Panaji. 2. Mapusa Civil & Criminal ------ 03 Court Building 3. Margao Civil & Criminal 2715784 03 Court Building 4. Vasco Civil & Criminal --------- 03 Court Building 5. Quepem Civil & Criminal ---------- 01 Court Building 6. Sanguem Civil & Criminal ---------- 01 Court Building 7. Canacona Civil & Criminal ----------- 01 Court Building 8. Pernem Civil & Criminal ----------- 01 Court Building 9. Ponda Civil & Criminal ---------- 02 Court Building 10. Valpoi Civil & Criminal ----------- 01 Court Building 11. Bicholim Civil & Criminal ---------- 02 Court Building Working hours
  • 13. Working hours of the APPs are from 09.30 a.m. to 5.30 p.m. with lunch break from 1 p.m. to 2 p.m. However from 10 a.m. to 1 p.m. and from 2.30 p.m. to 5.30 p.m. they remain in their respective Courts, whenever cases are fixed for hearing by the courts.
  • 14. Duties and functions of Asst. Public Prosecutors: (a) Basic functions : The Asst. Public Prosecutors conduct criminal cases before Judicial Magistrates First Class, Chief Judicial Magistrates, Executive Magistrates and in inquiries/proceedings before the special Magistrates. In Addition to cases filed by the police, they also deal with criminal cases of other Departments such as Directorate of Food and Drugs Administration, Labour Department, Forest Department, Town and Country Planning Department etc. (b) Review of Judgement/Orders: The final Judgment and Order of the trial court in a particular case is not an end in justice delivery system. Once the Judgment and Order is delivered by the court the same is required to be scrutinized by the Assistant Public Prosecutor who appeared in the matter. The APP has to examine the Judgment and Order vis- à-vis the feasibility of preferring an appeal to the next higher court and forward his/her opinion in the matter to the concerned Investigating Officer. The said officer after the requisite processing of the same, has to forward the file through S.P. to Home Department. The said file is then forwarded to Director of Prosecution through Home Department to render her opinion in the matter vis-a-vis the Judgment/Order of the court and the opinion thereon of the concerned APP and then submit the file to the Home Department, who in turn place the same before the Legal Advisor for further opinion if any. Thereafter the matter is submitted for the decision of the Government through Home Department.
  • 15. (c) Drawing and disbursing Officer: The Senior most Assistant Public Prosecutor of the respective office also performs the function of Drawing and Disbursing officer. (d) Delegado: The function of “Delegado” (who corresponds to the Representative of the Government before the court) is preformed by the Assistant Public Prosecutor under family laws of Goa, Daman and Diu. In their capacity as “Delegado” the APPs play a major role in the Adoption of Minors, Inventory Proceedings, Wills, Succession Deeds etc. to protect the interest of the minors. They also grant sanctions, for exemption from mandatory marriage notice period for marriages in cases of urgent Marriage Registrations. Motto The Prosecutors are always ready and willing to entertain and help the Members of society who approach them with their problems and difficulties, in the criminal matters, in which such member of the society is concerned. These problems are handled
  • 16. with a sense of responsibility and prompt legal advice is rendered as this Directorate, believes in its Motto:- ‘ LET JUSTICE BE DONE AT ALL LEVELS’.