Concept of Public and Private

Prosecution

Shisir Paudel
• Administrative law is the branch of
constitutional law which analyzes the
function, duties, and rights of
administrative official.
What is administration of justice ?

The administration of justice in administrative

law refers to the process by which the legal
system of government is executed. It
involves the provision, maintenance, and
operation of administrative courts and all
quasi judicial institutions involved in justice
system andmain goal is to provide justice.
• Administrative agencies have the power to
initiate administrative adjudication
proceedings, which are similar to court
proceedings but are conducted by an
administrative judges.
Types of Prosecution

• Public Prosecution
• Private Prosecution
• The concept of public and private prosecution refers to the
two ways criminal cases can be prosecuted in a legal
system.
• In public prosecution, the state initiates and carries out the
prosecution of a criminal offense. This means that the
government, through its law enforcement agencies and
prosecutors, brings the charges against the accused and is
responsible for proving the case in court. The victim of the
crime may be involved in the process as a witness, but the
ultimate decision to prosecute and punish the offender lies
with the state.
• Only cases that are brought to courts by public prosecutors
can be processed and adjudicated by judges.
• In private prosecution, the victim or a private
individual initiates and conducts the prosecution
of a criminal offense. This may occur in
situations where the state declines to prosecute
the offender or where the victim seeks a more
direct role in seeking justice for the harm
suffered. Private prosecution is often permitted
in common law systems, where the right to bring
a private prosecution is considered a
fundamental right.
• The concept of public and private prosecution has
significant implications for the administration of justice.
Public prosecution ensures that the state is responsible
for enforcing the law and punishing offenders on behalf
of society as a whole. This helps to ensure that justice is
administered impartially and that the interests of the
community are protected. However, it can also lead to a
perception of a lack of accountability in the justice
system, as victims may feel that they have little control
over the process.
• Private prosecution, on the other hand, can provide
victims with a greater sense of control over the
prosecution process, as they are directly involved in
bringing the charges against the offender. However, it
can also be criticized for creating a situation in which
justice is not administered impartially, as private
individuals may have their own personal interests or
biases that affect the prosecution of the case.
• Private prosecution is allowed in many jurisdictions
under common law, but have become less frequent in
modern times as most prosecutions are now handled by
professional public prosecutors instead of private
individuals who retain (or are themselves) barristers.
• In many legal systems, the choice between public and
private prosecution is governed by legal rules and
procedures, and may depend on a number of factors,
including the nature of the offense, the severity of the
harm suffered, and the resources and capacity of the
state to prosecute the case. Ultimately, the choice
between public and private prosecution depends on a
delicate balance between ensuring accountability and
impartiality in the administration of justice, while also
protecting the rights and interests of victims and private
individuals.
• In summary, public prosecutors are responsible
for initiating the prosecution and repression of
crimes, while private prosecution is the system
by which private citizens bring criminal cases to
the attention of court officials. Some scholars
even argue that private prosecution is
unconstitutional and against the public interest,
as it undermines the impartiality and
independence of the criminal justice system.