Section 12: Duties of prosecutors

(1) A prosecutor shall— (a) review the complete record of a case prior to taking a prosecutorial decision; (b) act in accordance with law and fair trial requirements at all times; (c) undertake such inquiries and seek such clarifications as may be required; (d) take into consideration likely defences; (e) provide information to the defence regarding any matter which may affect the case of the prosecution or assist the defence in material ways; and (f) inform the defendants of their right to legal aid where they are unable to access the same for want of financial resources. (2) A prosecutor shall keep the District Public Prosecutor or Prosecutor in-charge informed of the progress of all criminal cases under his charge. (3) A District public prosecutor or the prosecutor in charge shall keep the Federal Prosecutor General informed about the progress of all cases in the district or court assigned to him. (4) Where a prosecutor is of the opinion that an application for enhancement of sentence or revision should be filed in any case, he shall refer the matter to the District Public Prosecutor or Prosecutor In-charge of the court. (5) In case of an acquittal, the concerned prosecutor shall report the details of the case to the Federal Prosecutor General through the District Public Prosecutor or Prosecutor in-charge as the case may be along-with ground of appeal if any, who may request the 1[Secretary of the Division concerned to which the business of the Act stands allocated under the Rules of Business, 1973] to prefer an appeal. (6) A prosecutor shall maintain an independent file in the prescribed manner of each case assigned to him. (7) A prosecutor shall— (a) in all matters, perform his functions and exercise his powers fairly, honestly with due diligence, in accordance with law and in the public interest; (b) on receipt of a police report under section 173 of the code including report for cancellation of the first information report or request for discharge of an accused or suspect review and process it under section 9; (c) make such entries in the record and registers as may be prescribed; and (d) report to the district public prosecutor or prosecutor in charge, details of investigation, if any, conducted in violation of law or instructions issued by the prosecutor general or not completed in time provided under the law without reasonable cause.

Effective date: 2023-10-26

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