Can a non-lawyer appear in a court of law to plead a case? Or can a case require someone who is not an advocate to represent it in court? Detailed information on these topics is being given in this article.
rule of law
Section 30 of the Advocates Act states that any advocate whose name is included in the State List shall not appear before any tribunal or person authorized by law to take evidence in any court including the Supreme Court. and before any other authority or person to whom such advocate is permitted by or under any law to practice for a certain period of time. Section 33 reiterates this right by stating that no person shall be permitted to practice before any Court or any authority unless he is registered as an advocate. Section 29 states that advocates are the only recognized persons who have the right to practice law.
What should the client do if the lawyer does not give the papers?
However, Section 32 empowers any court, authority or person to permit any person who is not registered as an advocate under this Act to plead any particular case before him or her. Is.
Non-lawyers may appear if the court permits
The Supreme Court has answered this question in the case of Harishankar Rastogi vs. Girdhari Sharma, AIR 1978 SC 1019. In this decision the Supreme Court said –
“No private person who is not an advocate has the right to appear in the court and plead on behalf of any party, he has to take the prior permission of the court for this and the party itself has to take initiative for this. permission or It is at the discretion of the court that after giving permission, the court may withdraw it if it feels that the representative is doing something wrong before giving or refusing it. service of a private person and other circumstances should be collected.”
Thus, attention was drawn to Section 2(q) of the Code of Criminal Procedure, 1973 (CrPC) wherein an advocate, by definition, can be any person other than a person authorized by law to practice law in a court. If he is deputed to attend a particular case with the permission of the court.
Justice VR Krishna Iyer said in this regard
“Even if this is so, does it not depend on the party who for some reason cannot present his case properly, to seek the assistance of another person instead? To refuse this request would in certain cases be a miscarriage of justice. There may be a complete denial of justice, especially in a country where there is illiteracy and poverty, when the judicial process is of a very advanced nature.
Sections 302, 303 and 304 of the CrPC reflect this policy of the legislature. I do not think that in this court we should completely stop the system of representation of any person other than the party when the lawyer is not appearing on behalf of that party. An extensive program of free legal services is a serious responsibility of the State if the rule of law is to be given high importance. Till then the parties can appear (in the court) through their lawyer and if a lawyer is not available to them, then they can choose one of their friends for this.
This second person cannot be one who habitually appears in the court as a representative of any party, in which case he would be in breach of the restrictions under the Advocates Act in his professional capacity. I can’t allow him to do this. Nevertheless, it is up to the parties to a case to choose a non-lawyer to represent them in a particular case. Practicing a profession or representing a friend or relative on some occasion or in some matter or on some occasions is a completely different matter. In the present case, representation has been sought through a non-lawyer.
It is absolutely clear that no person, being an advocate, can assume the right to enter the court by force and claim to cross-examine anyone. Considering the situation and taking into account various factors, this court may allow such unprofessional representation. This is in line with the policies of the CPC (I mean criminal matters here) as stated in Section 2(q).
By definition, a person is anyone other than a person authorized by law to practice law in a court if he is appointed to appear in a particular case with the permission of the court. The power of this Court to regulate the audience has been exercised in accordance with the spirit of Section 2(q).”
Earlier this year, the Madras High Court, relying on this decision, had said that the court can ask any person who is not registered as an advocate to present his views before the court. Justice A Anand Venkatesh, while quashing the detention of Nakkiran Gopal, had said that there was no harm in calling senior journalist N Ram and taking his advice.
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An agent cannot be an advocate for any party in the hearing of a criminal case.
In the case of TC Mathai and others vs. District and Sessions Judge (1999) 3 SCC 614, it was stated that in the hearing of a criminal case, an agent cannot act as an advocate for a party unless the party obtains the permission of the court to do so. , The decision of the Madras High Court in M Krishnammal vs T Balasubramaniam Pillai case was cited.
Justice Katie Thomas, while presenting the court’s side, had said that
“Section 2 of the Power of Attorney Act does not bypass any special provision of any law requiring a person to do an act himself. When under the Code it is necessary that the accused be produced before the Court. If it is necessary for a party to appear in the court on his behalf, then it cannot be said that the court’s order has been followed, it is a different matter that a party is allowed to appear through his lawyer. Under Chapter XVI of the Code, the Magistrate has the power. to issue summons or warrant for the appearance of the accused in the court.
Section 205 of the Code empowers the Magistrate not to ask the accused to appear in court in person and, if he feels so, to allow his lawyer to represent him. Section 273 talks about the right of the court to record the evidence in the presence of the accused’s lawyer if the accused is exempted from appearing in the court. But under no circumstances can a power of attorney holder be allowed to represent the accused. Therefore, the argument of the Appellant on the basis of Power of Attorney has no meaning in this case.”
In the case of Jimmy Jahangir Madan vs. Bolly Cariappa Hindle (Dead) (2004) 12 SCC 509, it was held that under both the rules of CrPC, the power of attorney holder can be allowed to represent the party related to him, provided that for doing so Permission has been taken and the court has given this permission. But if such permission is not sought through the person concerned, which means that in terms of section 205 of CrPC, the offender and in terms of section 302 any party having authority to conduct the prosecution, it is clear that – It is clearly stated that the power of attorney holder cannot be allowed to represent the person involved in the proceedings.
MP/MLA can practice law or not
Earlier this year, a single bench of the Calcutta High Court said that only an advocate registered under the Advocates Act will have the right to plead a case in a court of law. Taking note of the appeal against this, the Division Bench said that in the case of a near relative, the Court can, within its discretion, allow the power of attorney holder to address the Court if the Court feels that the person appearing in the Court on behalf of the petitioner The person is knowledgeable about the law, actual events and can address the court and help in the case.
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The right to practice is distinct from the right to appear in court
The right to practice gives an advocate the right to practice the profession of law before all the courts, tribunals, authorities etc. but the right to appear in a case with the permission of the court is an imputation of the advocate’s right to practice. Although we agree with the view of various High Courts that the power of attorney holder does not have the right to address the court, but in our opinion, if there is a close relative, the power of attorney holder should be allowed to appear in the court. The court has the right to.
In 2018, a decision given in Bar Council of India vs AK Balaji AIR 2018 SC 1382 stated that foreign law firms cannot open their offices in India. The Supreme Court said that practice of law does not only mean appearing in court but also includes giving advice which is legal, preparing draft of any law, participating in legal debate meetings etc.
What is the difference between judgment, decree and order
Chapter 4 of the Advocates Act states that only advocates registered with the Bar Council can practice law. Others can appear in the Court only with the permission of the Court before which the hearing of the case is pending.
of the Advocates Act
It is necessary to mention that under Section 45 of the Advocates Act, if a person who does not have the right to practice in the court under the Advocates Act, practices in the court, then such person can be punished with jail up to six months. . Can. In 2011, the Andhra Pradesh High Court, in its judgment in Madupu Harinarayana vs. First Additional District Judge, cited this rule and ordered the Bar Council of Andhra Pradesh to file a case against a person who appeared for the GPA on behalf of a party. Appeared as a lawyer even though he was not allowed to practice in any court.
In this article we told you , can a person who is not a lawyer plead any case in the court? Know what the law says. Detailed information has been given about it. If you have any questions related to this article, then you can ask through comments. We will respect your feedback.