Difference Between Lawyer and Prosecutor - Definition, Qualifications, Job Roles and Responsibilities

Over time, lawyers have played a really important role in upholding the country’s constitution and protecting the rights of the people. In the current times, a career in law is one of the most rewarding options for young professionals. Going ahead in the criminal justice system, a prosecutor is an agent of the state who is responsible to protect and represent the interests of the public in the justice process.

According to section 24 of the Criminal Procedure Code, there are many roles and responsibilities of prosecutors in the justice system of India. In this article, we will have a detailed discussion on the difference between a lawyer and a prosecutor, their job roles, responsibilities, salaries and other relevant information.

Lawyer Vs Prosecutor - Definition

Let us start by talking about the difference between a lawyer and a prosecutor in terms of definition. Here is the difference between a lawyer and a prosecutor in terms of definition:

Definition of a Lawyer

Lawyers are qualified professionals who are trained in the field of law. Lawyers are educationally trained and authorised to represent clients in court. They can work in a variety of social settings, including private practice, law firms, government agencies, and non-profit organisations. Lawyers can represent clients in both civil and criminal cases. A lawyer can become a prosecutor too.

Definition of a Prosecutor

Prosecutors are also lawyers, but they are appointed for specific lawyers. A prosecutor is an attorney employed by the Government and prosecutes people accused of breaking the law. They work with police and other investigators to gather evidence and build cases against defendants. It is the responsibility of the state to prosecute the accused, not the victim. Prosecutors represent the state by presenting evidence in court and arguing for convictions.

Also check - Difference Between LLB and BA LLB

Prosecutor Vs Lawyer - Education and Qualifications

Now let us talk about the education and qualifications to become a lawyer or a prosecutor. Here is a detailed comparison between a lawyer and a prosecutor in terms of education and qualifications.

Education and Qualifications Required to Become a Lawyer

To become a lawyer in India, one must complete a Bachelor of Laws (LL.B.) or an Integrated LLB degree from an approved law school. After graduating from law school, lawyers must also pass the All India Bar Examination (AIBE) and be enrolled with the bar council of the state in which they wish to practise.

Education and Qualifications Required to Become a Prosecutor

To become a prosecutor in India, a professional must be a qualified lawyer and have at least five years of experience practising law. Public prosecutors must first fulfil all the educational qualifications mentioned in the section above and then also gain experience of five years. Furthermore, prosecutors must also pass a competitive examination conducted by the state government. Each state has its exam for appointing prosecutors.

Also, check - Difference Between LLB and LLM

Lawyers Vs Prosecutor - Job Roles and Responsibilities

Next, let us talk about the roles and responsibilities of a lawyer and a public prosecutor. Below are the stark differences between the duties and responsibilities of a lawyer and a public prosecutor:

Job Duties of a Lawyer

Lawyers can represent clients in a variety of legal matters, such as personal injury, divorce, criminal defence, and business law. They may also provide legal advice and counsel to clients. Some of the basic responsibilities of lawyers include providing security, becoming an advisor for society, maintaining confidentiality etc.

Job Duties of a Prosecutor

Prosecutors are responsible for investigating crimes and prosecuting the accused. They may also negotiate plea bargains and represent the government in appeals. Usually, a crime committed against a group or individual is presumed to be committed in the society’s name. The role of a prosecutor is to act on behalf of the state to provide justice to any group or individual affected by a crime.

Also, check - Difference Between Judge and Magistrate

Prosecutor Vs Lawyer - Role in Criminal Justice System

Lawyers and prosecutors have different roles in the criminal justice system of India. The difference between a lawyer and a prosecutor in respect to the criminal justice system has been given below:

Role of a Lawyer in the Criminal Justice System

Lawyers play an important role in the criminal justice system by ensuring that the rights of the accused are protected. The primary responsibility of a lawyer in the criminal justice system is to defend their client. They may defend clients in criminal trials or represent them during plea bargaining negotiations. This process might require them to investigate the charge and gather evidence to build their case. The lawyer can also interview the witnesses and negotiate with the prosecutor.

Role of a Prosecutor in the Criminal Justice System

Prosecutors are responsible for representing the interests of the state in criminal cases. The role of a public prosecutor in the criminal justice system is to represent the State’s interests in court. They are tasked with gathering evidence and proving the guilt of the accused beyond a reasonable doubt. A prosecutor is responsible for carrying out prosecution on behalf of the state. The public prosecutor is not a party to the investigation.

Lawyer Vs Prosecutor - Ethical Responsibilities

The ethical responsibilities of a lawyer and a prosecutor are different. Here is a detailed comparison of the ethical responsibilities of a lawyer and a prosecutor.

Ethical Responsibilities of a Lawyer

Lawyers are bound by a code of ethics that requires them to act in the best interests of their clients. They must also be honest and truthful in their dealings with the court and opposing counsel.

Ethical Responsibilities of a Prosecutor

Prosecutors are also bound by a code of ethics that requires them to be fair and impartial in their handling of criminal cases. They must also disclose all relevant evidence to the defence and refrain from making misleading statements to the court.

Lawyer Vs Prosecutor - Salary

There are stark differences in different job roles and salaries of lawyers and prosecutors. Here is a comparative analysis of the salary of lawyers and prosecutors:

Salary of Lawyers

*Source: Ambition Box

Lawyers and prosecutors are both important members of the legal profession. Lawyers play a vital role in protecting the rights of individuals, while prosecutors are responsible for upholding the law and prosecuting criminals. It is important to note that there is some overlap in the work of lawyers and prosecutors. For example, a lawyer may be hired by the government to represent a client in a criminal case. However, in general, lawyers and prosecutors have different roles and responsibilities in the criminal justice system.

Also, check - Difference Between Lawyer and Attorney