Difference between Public Prosecutor and Defense Attorney


A public prosecutor is someone who acts as the spokesperson for the prosecution. The authorized parties who are responsible for charging a criminal case against an individual who is alleged to have acted against the law are known as the prosecution. A defense attorney is someone who stands for the defendant in a criminal prosecution or a lawsuit. He is appointed by the Indian government or any other second party to defend the said client.

Public Prosecutor

The profession of a public prosecutor is one that is most challenging as well as lucrative. They have the authority to help innocents from getting punishments they don’t deserve. To become a public prosecutor, candidates will have to write the Union Public Service commission exam. The qualification that is needed by an individual to appear for this examination is a graduate degree. For more details regarding this, candidates can refer to the employment weekly. A few of the designations that are available once a person finishes his/her studies include:

  • Additional / Deputy Advocate General
  • Advocate General
  • Public Prosecutor
  • Solicitor

Defense Attorney

The qualification needed by a person to become a Defense attorney is a graduate degree. The candidates will be required to appear for the Common Law admission test and pass it. After this, they can select criminology as their major. They then will have to pass the All India Bar Examination. This will enable them to practice law in India.

The obligations of a defense attorney will fall into 2 groups. They are:

  • Advising – The attorney might negotiate a bargain for his client. He can also suggest when his client is supposed to resolve matters outside the court.
  • Advocating – An Attorney takes up the case, collects relevant evidence and prepares an argument as to support his client. All these facts are then presented in the trial.

In both these capacities, it is the duty of a defense attorney to examine the germane laws that surround a case. He can then apply these laws to specific circumstances.

Key differentiators between Public Prosecutor and Defense Attorney

  • Both public prosecutors and defense attorneys have their own importance and position in the court and the society. But, they do have their differences. They are provided below:
  • While the public prosecutor is appointed by the prosecution, the defense attorney is appointed by the defendant in the criminal prosecution.
  • The public prosecutor is paid by his client, while the defense attorney is sometimes paid by the government of India or any other party.
  • A defense attorney is the only person who can advocate and prove the innocence of the accused. Whether he is paid by someone else or the client himself, the attorney’s relationship with the client will remain the same as with any other client.

Whether a person is innocent or guilty, it is within his rights to have a legal counsel. If he can afford it, he can appoint his counselor; otherwise, the court itself will appoint a lawyer for the defendant. No matters who appoints him, It the duty of the lawyer to uphold as well as fight for establishing the innocence of his client.



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4 Responses to “Difference between Public Prosecutor and Defense Attorney”

  1. 4

    name any two public prosecutor?

  2. 3

    name any two public prosecutor

  3. 2

    Can ABC be public prosecutor and defence lawyer? If,no can ABC completebboth degrees?

  4. 1

    (1)Is a student of Sol(Du) is also eligible for 3 year llb course.
    (2) In delhi universities who colleges offered this course.
    (3) How much funds required for total course?
    (4) Is SOL(DU) also conduct this course?
    (5) Which type of skills requred for this course?
    (6) What are the opportunities avalable for lawyer?
    (7) Is there any traning required in this course?If yes, how much period.