Difference Between Prosecution and Prosecutor?

TermProsecutionProsecutor
Meaning in Simple WordsThe entire legal process of conducting a criminal case against an accusedThe person (usually a lawyer appointed by the State) who conducts the prosecution
Role in Legal SystemIt is the act of trying to prove someone guilty in a criminal courtA legal representative of the State, who presents the case in court
ExampleThe trial in court against a person accused of theftA public prosecutor arguing against the accused in court
RoleWho?
First PartyState (Government) — known as the Prosecution
Represented byPublic Prosecutor
Opposite PartyThe Accused (the person alleged to have committed the crime)

If police, after investigation, find the case is false, they may file a closure report or final report before the magistrate. In that case, the State (through the police) is saying: “There is no evidence, or this is a false case.”.

SituationWho is the Prosecution?Role of Public Prosecutor
Regular criminal caseState (Government)Tries to prove the accused guilty
In False case / No evidenceStill the StateMay support closure, discharge, or acquittal of accused

LL.B. Varun

I'm Varun Kr. Jha, a dedicated legal professional focused on delivering exceptional legal solutions. My expertise covers criminal law, family law, contract law and corporate law. I specialize in drafting in-depth contracts, agreements and legal documents to meet your specific needs.