Conformity And Divergence In Prosecutorial Ethics And Institutional Norms: A Comparative Legal And Normative Analysis Of India’s Prosecution Framework Vis-À-Vis The United Nations Guidelines On The Role Of Prosecutors Within The Global Criminal Justice Or

Abstract

The prosecutor stands at a unique intersection between State authority and individual liberty, serving as both guardian of legality and protector of justice. This paper undertakes a comparative doctrinal analysis of prosecutorial ethics and institutional norms in India under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in light of the United Nations Guidelines on the Role of Prosecutors (1990). It examines the extent to which India’s prosecutorial structure, independence, and ethical framework align with global normative standards governing fairness, impartiality, and accountability within the international criminal justice order. While the BNSS represents a legislative modernization of procedural law, its treatment of prosecution largely preserves executive dependence. By analyzing the ethical and institutional dimensions of India’s framework—appointment procedures, accountability mechanisms, professional integrity, and human rights orientation—this paper identifies both areas of conformity with and divergence from the UN Guidelines. Adopting a doctrinal methodology, the paper draws upon constitutional provisions, statutory interpretation, judicial precedents, and international instruments. It argues that India’s model embodies the spirit of justice but lacks structural autonomy, codified ethical standards, and professional oversight. The study concludes that integrating the ethical imperatives of the UN Guidelines into India’s prosecutorial system is essential for enhancing public trust, transparency, and global legitimacy of its criminal justice process.