Lawyer vs Advocate vs Prosecutor — Who is More Powerful in India (2025)
If you’ve ever wondered who is more powerful — lawyer or prosecutor, or what’s the difference between prosecutor and defense lawyer, this post explains it all in simple terms. We’ll also look at salary comparison, powers, and hierarchy between lawyer, prosecutor, and judge in India.
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What is a Lawyer?
A lawyer is a general term for a person who has obtained a law degree (LLB) and is authorized to give legal advice or represent clients in legal matters. Once enrolled with the Bar Council of India, a lawyer can become an advocate and appear in court.
Who is an Advocate?
An advocate is a lawyer who has the right to appear and plead before the courts. In India, every advocate is a lawyer, but not every lawyer may be an advocate (for instance, a corporate legal consultant is a lawyer but not a courtroom advocate).
Who is a Prosecutor?
A prosecutor is a lawyer who represents the government or state in criminal cases. Their duty is not to “win” but to ensure that justice is done. Prosecutors file cases against accused persons and argue to prove their guilt.
Lawyer vs Prosecutor — Key Difference
| Aspect | Lawyer / Advocate | Prosecutor |
|---|---|---|
| Role | Represents clients (civil or criminal) | Represents the State / Government in criminal cases |
| Employer | Private individual, firm, or self-employed | Government (Central or State Prosecution Department) |
| Type of Cases | Both civil and criminal | Only criminal (on behalf of State) |
| Power in Court | Limited to defending or prosecuting based on client | Represents government; has more procedural influence in criminal cases |
| Salary | Depends on experience and client base | Fixed by government pay scale |
Which is Higher — Lawyer or Prosecutor?
In terms of legal hierarchy, a prosecutor usually holds more institutional power because they represent the government and work directly under the Judicial Department. However, a lawyer or advocate can independently argue any case, even against the State. So, both roles have equal respect but different functions.
Prosecutor vs Defense Lawyer — Who Has More Power?
A prosecutor has the power to initiate criminal proceedings and represent the State, while the defense lawyer protects the rights of the accused. The real power lies in how well each side presents evidence and arguments. In simple terms:
- Prosecutor – represents the government
- Defense Lawyer – represents the accused person
Prosecutor vs Lawyer vs Judge — Hierarchy and Power
| Position | Role | Power Level |
|---|---|---|
| Judge | Presides over the court and delivers verdicts | Highest |
| Public Prosecutor | Represents the government; argues against the accused | Moderate–High |
| Defense Lawyer / Advocate | Defends the accused, argues for justice and acquittal | Moderate |
Prosecutor vs Judge — Who is More Powerful?
The judge is more powerful than both the prosecutor and the lawyer. The judge has the final authority to decide a case, deliver judgment, and ensure justice is done.
Difference Between Lawyer and Prosecutor in India
In India, both are law graduates, but their career paths differ:
- Lawyer / Advocate: Works privately or with firms, represents individual clients.
- Prosecutor: Works under the Directorate of Prosecution or State Law Department.
- Appointment: Prosecutors are appointed by the government; lawyers work independently.
- Power: Prosecutors represent the State and can initiate criminal trials.
Prosecutor vs Lawyer Salary in India (2025)
| Position | Pay Level / Nature | Monthly Salary (Approx.) | Remarks |
|---|---|---|---|
| Junior Advocate (Private) | Independent / Law Firm | ₹25,000 – ₹80,000 | Depends on clients and experience |
| Public Prosecutor | Government Level 9–10 | ₹65,000 – ₹1,00,000 | Stable salary, additional benefits |
| Senior Advocate / Criminal Lawyer | Independent | ₹1 lakh – ₹10 lakh+ | Top lawyers earn crores annually |
Who is More Powerful — Lawyer or Prosecutor?
In court hierarchy, the prosecutor has a stronger procedural position as they act on behalf of the State. However, the power of a lawyer lies in their independence, skill, and client network. Ultimately, power depends on knowledge, influence, and advocacy skills — not just the title.
Frequently Asked Questions (FAQ)
Q1: Which is higher — lawyer or prosecutor?
A: The prosecutor represents the State and holds higher institutional authority, but both require an LLB degree and enrollment with the Bar Council.
Q2: Prosecutor vs lawyer salary — who earns more?
A: Government prosecutors earn fixed salaries, while private lawyers can earn far more depending on success and clientele.
Q3: Prosecutor vs lawyer vs judge — who is most powerful?
A: Judge is the most powerful, followed by prosecutor, then lawyer.
Q4: What is the difference between lawyer and prosecutor in India?
A: A lawyer represents private clients; a prosecutor represents the government in criminal cases.
Q5: Who appoints prosecutors in India?
A: Prosecutors are appointed by the State or Central Government under the Code of Criminal Procedure, 1973 (CrPC).
Conclusion
While lawyers and advocates are independent defenders of individual rights, prosecutors act as the voice of the government. In power structure: Judge > Prosecutor > Lawyer. However, in terms of public influence and income, a skilled private lawyer can surpass even a senior prosecutor.