Ms. Porselvi S is an Assistant Public Prosecutor (Grade II) at Mannargudi. After graduating from the Government Law College at Coimbatore, she completed her Masters in Labour & Administrative Law at the Government Law College, Trichy in 2006. After practicing in various fields of law under a senior member of the bar at Tanjavur, Ms. Porselvi successfully qualified as an Assistant Public Prosecutor (Grade II) by passing the TNPSC examinations. Let’s hear the knack to crack the TNPSC exam from her!
- Good morning, Madam! We would like to start from knowing what inspired you to become an Assistant Public Prosecutor (APP)!
(Laughs) I was preparing for the District Judge Examination. Since I had always liked the criminal side, I wrote the APP examination conducted by the TNPSC. This is a field usually dominated by men and I wanted to break the stereotype. I was particularly impressed by the authority and command that the APPs have amid our professional circles. This inspired me to attend the APP examination.
- What is the scope of work performed by an APP?
A Public Prosecutor is the one who conducts criminal proceedings in the system of justice. A Public Prosecutor is a law officer appointed on behalf of the State.
The duty of an Assistant Public Prosecutor is to represent the administration of justice so that the testimony of all the available eyewitnesses should be before the Court. They must consider themselves as agents of justice. The APP is the counsel for the Government for conducting prosecution on behalf of the Government.
Our duty as the APP is not merely to secure the conviction of the accused at all costs but to place before the court whatever evidence is in our possession, whether it be in favour or against the accused and to leave it to the court to decide upon all such evidences whether the accused had or had not committed the offence with which he was charged. We have to be truthful and impartial. Our duty to the Court should be fair, independent and unbiased.
The Assistant Public Prosecutor is an officer of the Court and he/she is bound to assist the Court with his/her fairly considered view and the court is entitled to have the benefit of the fair exercise of his/her function.
The duty of the prosecutor is to assist the Court in reaching a proper conclusion in regard to the case which is brought before it for trial. The asst public prosecutor shall not be partial either to the accused or the prosecution. It is not part of the prosecutor’s duty to obtain convictions by hook or by crook.
Similarly, the Assistant Public Prosecutors are appointed by the Government only for conducting prosecutions in the Courts and they are full time Government servants. They have no right to practise or take briefs to defend the accused in criminal cases.
With respect to cases initiated on police report, the prosecution is conducted by the Assistant Public Prosecutor and in cases initiated on a private complaint, the State can appoint prosecutors if the cause has public interest.
- What are the criteria to qualify for the APP examination in Tamil Nadu?
A person aspiring to become an Assistant Public Prosecutor should be a practicing Advocate possessing a legally valid law degree from either a 5-year Law Course or a 3-year Law Course. He/she should possess adequate knowledge of Tamil (writing & reading). The person should have actively practiced before the Criminal Courts in Tamil Nadu for not less than 5 years.
- What are the various stages to qualify for the APP recruitment process?
The selection process includes three successive stages. Firstly, a preliminary examination for shortlisting the applicants to the next stage. Secondly, the main written examination and after they clear both these stages, they would be subjected to an oral interview.
- Does an APP aspirant need to go to a coaching centre in order to prepare for the APP recruitment examination or does self-preparation work?
Well, it depends on the person. It is certainly not necessary to go to a coaching centre. While going to a Coaching Centre helps in targeted preparations, anyone who regularly attends Court proceedings and has a sound knowledge of the legal developments in the country can easily crack this exam.
- If self-preparation works, how should an aspirant prepare and what should he/she focus on?
The aspirant must regularly read law journals and legal news in the newspaper. He must be aware of the recent amendments made in the parliament and judgments given by the Court. Identifying and practicing under a good advocate who could mentor you in processes and filings and allow you to get hands-on experiences in Courts will definitely come in handy. There is a common misconception that practicing in any Court of Law is sufficient. It is very important to practice in the Criminal Courts because the procedures and skill-set required for Criminal Courts are very different. Knowledge of Criminal Laws and Statutes by reading bare acts, especially the IPC and Cr.PC is very important. It is exhausting and difficult to study after 5 years of practice. But the aspirant should be consistent and work towards the goal.
- How does practicing in Courts help in the recruitment process?
Regular Court practice is very important since it aids in keeping our legal knowledge updated. This is particularly important for the oral interview stage of the examination. One can easily crack the interview questions in instances where practical questions would often be asked. It also gives the aspirant a general idea and nature of the job.
- How is the career progression/what are the promotional avenues of an APP?
There are various categories of employment including the Assistant Public Prosecutor Grade II, Assistant Public Prosecutor Grade I, Assistant Director of Prosecution, Deputy Director of Prosecution, Joint Director of Prosecution and Director of prosecution. The initial designations would be allotted according to the marks obtained in the TNPSC Additional Public Prosecutor Exam and thereafter experience and quality of work dictates promotions and career progression.
- Is there any additional advice that you would like to give an APP aspirant?
One should understand that to be an APP entails hard work and passion. At times it is very stressful and requires tremendous patience especially at the beginning. It is my humble advice and request that regardless of any pressure or influence, after becoming an APP, one should be unbiased and should always work in the interest of promoting justice.
We sincerely thank Ms. Porselvi for sparing her time to enlighten budding lawyers about the APP recruitment process!
Ms. Porselvi was interviewed by our intern Ms. Madhumitha Lakshmanan, currently pursuing law at the SASTRA deemed to be University, Tanjavur.
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