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Lawyer and Prosecutor: The Differences in Legal Professions

Know the legal careers in India: judges, prosecutors, and lawyers. Uncover qualification requirements and understand the distinctions in roles and earnings.

Throughout history, lawyers have played an essential role in upholding the country’s law and protecting their clients’ legal rights. A legal career can be very rewarding for those who are dedicated to the profession. As a result, it is now possible to determine your career path based on your earnings potential and how satisfied you are with your work. Let’s learn the difference between a lawyer and prosecutor on this blog.

In the criminal justice system, a Public Prosecutor is considered an agent of the state responsible for representing the interests of the public in the criminal process. The state is responsible for prosecuting the accused, not the victim, as it is the state’s responsibility to do so. In almost all countries, they are appointed by the Government. There are several responsibilities that the Public Prosecutor has in compliance with Section 24 of the Criminal Procedure Code.

The Function of Lawyer and Prosecutor 

The role of a lawyer and prosecutor in society is as follows:

 Many actions and decisions are considered right and wrong in the universe in which people live. Some acts are considered right and wrong by the rules. Still, they also consider different actions in terms of culture and morality. As a result of the different laws and opinions, confusion and debatable scenarios quickly become apparent.

1. Providing Security

Having an attorney at hand gives people a sense of comfort when pursuing their life goals, as they know that if anything goes wrong, someone will be there to help them if they need help. For lawyers to contribute to social peace, the law must be applied in a manner consistent with the basic principles of justice, namely that equal results can only be achieved through reasonable procedures.

2. The Advisor for Society

A prosecutor is responsible for representing individuals and corporations in civil cases and ensuring that the law is followed in criminal cases. As a consultant to their clients, lawyers serve as a resource to them, educating them about their rights and guiding them through the complex world of law. The average person would need to study the law and previous judicial decisions to be able to understand how judicial decisions are made and how those decisions relate to their situation without the assistance of an attorney and a professional legal network.

3. Confidentiality

As a client of the company’s legal network, you have the right to have private discussions with your attorney, ensuring that the Prosecutor cannot discuss the case with anyone without your consent, including the police and the court, without your permission. It is important to note that the functions of the Public Prosecutor vary depending on their designation.

  • It is the responsibility of the Public Prosecutor, in both the Session Court and the High Court, to oversee the work of the Additional Public Prosecutor.
  • In the Metropolitan Magistrate Court, the Chief Attorney is accountable for overseeing the duties of the Assistant Public Prosecutor.
  • The Additional Prosecutor is liable for conducting criminal proceedings in the Session Court.
  • The Assistant Public Prosecutor is responsible for reviewing the charge sheet prepared by agencies and presenting the charge sheet for acquittal or discharge by the court. Additionally, they are on the hook for evaluating the data and filing a petition for revisions. Criminal proceedings are also heard in the Court of Metropolitan Magistrates.
  • It is the headquarters of the Director of Prosecutions. It is their responsibility to exercise overall control and oversight of the officers of the Directorate. They are also responsible for supervising the Accounts Branch.

Reasons For Appointing a Lawyer and Prosecutor

1. Lawyer

A lawyer is uniquely qualified to assist individuals, groups, and organisations with their legal concerns and to further the community’s interest. Attorneys are working in the public interest to advocate civil rights campaigns for those who need legal assistance but cannot afford lawyers. Moreover, personal injury attorneys provide pro bono services to assist low-income persons.

A lawyer is traditionally considered to represent the people in a court of law. It may not be possible for you to know what the constitution stipulates in your situation. An experienced attorney will protect your interests. The legal profession is generally self-governing. Although other professions are also empowered with self-government powers, legal advice is unique due to the close relationship between the practice and the government and law enforcement systems. The actuality that the ultimate authority over legal practice is overwhelmingly concentrated is indicative of this relationship.

2. Prosecutor

A crime committed against a group or individual is presumed to be committed in society’s name. The state is responsible for providing justice to any group or individual affected by a crime. In India, the criminal justice system operates within the limits of the Indian Constitution, so the Public Prosecutor must follow the following principles:

  • The right to equal protection under the law
  • The protection against double jeopardy
  • The right not to be incriminated by oneself
  • Ex-post law protection
  • Freedom of expression and the right to life, except as provided by law
  • There is a presumption that innocence will prevail until proven guilty

3. Lawyer and Prosecutor

Lawyer and Prosecutor they’re both Lawyers. However, 

It is the Prosecutor who spokesman for the Government. He advocates for his state’s citizens in bringing legal charges.

  • An investigator’s benefit is enormous for a prosecutor.
  • Each case is given to at least one police officer.
  • A large prosecutor’s office has its detectives.
  • There is a close partnership between them and the entire police department within their jurisdiction investigating, gathering evidence, and arresting criminals. Access to the facilities, laboratories, and other specialised resources of their jurisdiction
  • The Grand Jury procedure enables prosecutors to compel witnesses to testify in secret without the presence of a lawyer.
  • A Lawyer assists a person accused of a crime. He must defend his client against charges levelled by the Prosecutor.
  • If an investigation is needed – or witnesses are to be interviewed – he will have to hire a private investigator or an investigator with his own money.

Conclusion 

lawyer and prosecutor the role of a lawyer is to represent clients in court. They often work in law firms or private practices, handling cases from beginning to end. A prosecutor is an attorney employed by the Government and prosecutes people accused of breaking the law. Prosecutors work with police and other investigators to collect evidence, interview witnesses, and present their findings to a grand jury or judge. Online lawyer consultation that help people resolve legal disputes through legal action. A prosecutor’s job is more direct – they take on cases of accused criminals and try them in court.

FAQs on Lawyer and Prosecutor

Can a prosecutor become a judge in India?

Yes, in India, prosecutors can become judges based on legal expertise, experience, and appointment procedures.

How Can I Become a Judge without LLB?

To become a judge, an LLB degree is typically required; however, some jurisdictions may have alternative qualifications.

How Can a Judge act as a Lawyer?

Judges can't practice law during their tenure but may return to legal practice after retirement, subject to certain conditions.

Difference between an advocate and a lawyer?

An advocate and lawyer are terms often used interchangeably, both referring to legal professionals, but a lawyer is a broader term encompassing various legal roles.

Who earns more than a lawyer or judge in India?

In India, judges typically earn a fixed salary, while lawyers' income varies. Senior lawyers may earn more than judges.

About the Author

Harish, the Chief Research Officer, holds a BE in Electronics and Communication, an MS in Data Science, and a Ph.D. in Artificial Intelligence. His diverse academic background enables him to complex legal research challenges and in technology. With expertise in predictive modelling and data analysis, he leads R&D initiatives. His knowledge bridges the gap between scientific research and technological advancements. This empowers him to develop solutions and strategic insights for the future of research and innovation.

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