Difference Between Lawyer and Prosecutor: Qualifications, Roles, and Responsibilities
Praveen Kushwah17 Feb, 2026
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Difference Between Lawyer and Prosecutor - Overview
Lawyers and prosecutors both hold law degrees, but have opposite functions within the legal framework. A lawyer generally advocates for a client's specific interests. A prosecutor, however, works exclusively for the government, seeking justice for the state and public in criminal matters only.
The Lawyer defends the victim, whereas the prosecutor helps the police in collecting evidence and proving the accused guilty. Understanding the difference between a lawyer and a prosecutor is important to choosing the right career.
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Difference Between Lawyer and Prosecutor - Overview |
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Criteria |
Lawyer |
Prosecutor |
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Definition |
Trained legal professional |
State-employed attorneys( a person Appointed under section 2(u) of CrPC) |
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Represents |
Individuals(victims) |
Interest of society and rule of law( i.e., everyone, including government, is under the law) |
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Role |
Defending the victim |
Proving the accused guilty |
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Types of cases |
Civil, criminal |
Primarily civil cases |
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Workplace |
Can also work in private firms, non- profit organisations |
Work for the government only |
Lawyer Vs Prosecutor - Definition
A lawyer is a trained legal professional. They advise and represent clients in various legal situations. Lawyers can work in private firms, for the government, or in non-profit groups. They handle both civil and criminal cases.
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Definition according to law: "lawyer" is not formally defined in the Advocates Act, 1961, or in the Bar Council of India (BCI) Rules but the Advocates Act, 1961-defines and regulates the term "advocate"( Under Section 2(1)(a) of the Advocates Act, 1961, an advocate is a person entered in any roll of advocates prepared and maintained by a State Bar Council)
A prosecutor is a type of lawyer. They are state-employed attorneys. They aim to prove the guilt of those accused of breaking laws and gather evidence with the police to build cases.
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Definition according to law: According to Section 2(u) of the Code of Criminal Procedure (CrPC), 1973, a person appointed under Section 24 of CrPC is a prosecutor.
Thus, it could be said that all prosecutors are lawyers, but not all lawyers are prosecutors.
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Prosecutor Vs Lawyer - Education and Qualifications
To become a lawyer in India, one must complete a Bachelor of Laws (LL.B.) or an Integrated LL.B. degree from an approved law school. After graduation, lawyers need to pass the All India Bar Examination (AIBE). They must then register with a state bar council to practice.
Once a person is a qualified lawyer and has gained at least five years of law practice experience, the person is qualified to become a prosecutor. Public prosecutors also need to pass a state government competitive examination. Each state has its own exam for these appointments.
Lawyers Vs Prosecutor - Job Roles and Responsibilities
The daily duties for lawyers and public prosecutors are clearly different. Lawyers serve their clients' diverse legal needs. Prosecutors focus on enforcing criminal law for the state.
Lawyers’ key responsibilities include securing rights, advising society, and keeping client information private. They handle various legal issues such as personal injury claims, divorces, criminal defence, and business law. They offer legal advice and guidance to clients.
Prosecutors investigate crimes and prosecute accused persons. They also negotiate plea bargains and represent the government in appeals. They provide justice to individuals or groups affected by a crime.
Prosecutor Vs Lawyer - Role in Criminal Justice System
Both lawyers and prosecutors play an important role in India's criminal justice system. They ensure that legal processes are followed.
Lawyers protect the rights of the accused. Their main duty in criminal cases is to defend their client. They represent clients during criminal trials or plea bargain talks. This involves investigating charges and collecting evidence. It may include interviewing witnesses and negotiating with the prosecutor.
Prosecutors represent the state's interests in criminal cases. A public prosecutor's role is to present the state's case in court. They gather evidence. They must prove the accused's guilt beyond a reasonable doubt. They are not part of the initial investigation process but lead the prosecution for the state.
Lawyer Vs Prosecutor - Ethical Responsibilities
Both lawyers and prosecutors adhere to strict ethical codes.
Ethical code of a lawyer: They must be honest and truthful with the court and opposing lawyers. This demands they act in their clients' best interests.
Ethical code of a prosecutor: They must be fair and unbiased in handling criminal cases and follow the rule of law(i.e., everyone, including the government, is under the law). Sharing all relevant evidence with the defence is mandatory for them. Prosecutors must not make misleading statements to the court.