The Reality of Prosecutorial Powers in the Punjab Criminal Prosecution Service

Abstract

This research examines the disparities between the powers outlined in the Punjab Criminal Prosecution Service (Constitution, Functions, and Powers) Act 2006 (Act 2006) for the prosecutors and the challenges faced by them in the actual exercise of those powers. The Act 2006 grants them substantial powers; however, in reality they are facing various challenges such as political interference, lack of resources, security, etc. in the exercise of those powers. To conduct this study, eighty public prosecutors from various ranks participated in a survey consisting of ten questions, which was distributed to them through Google Forms. It also includes potential solutions, such as the discretion to send the case for trial, to add or delete an offence, to withhold and withdraw the prosecution, to plea-bargain with the accused, etc. and an independent prosecution service. The majority vote favors these solutions. This research concludes that prosecutorial independence, with the full use of their powers, is vital to uphold the rule of law and to ensure an effective and efficient administration of CJS in Punjab, Pakistan.