Legal Position of Prosecutors in India and USA: A Comparative Perspective

Abstract

Prosecutors are an unavoidable organ in the administration of justice worldwide. Its role has a far-reaching impact on the justice delivery machinery.  Indian as well as the USA system has unique features of prosecutors. The rationale of the study is to examine the outline of statutory framework of prosecutors in India and USA. The article also compares the functioning of prosecution machinery in India and the USA, specifically with investigation machinery, and suggests reforms for better prosecution in India. For this purpose, researchers have applied Doctrinal methodology. For this research paper, the USA is selected because it is the United States only legal system where the citizen elect prosecutors. Depending upon the hierarchy of the courts, the post of prosecutor is created in both these nations.