Sarthak Nayar 22 August 2017

Can someone who is not an advocate fight a case in court ?

I am pursuing my law and not yet an advocate, however i am just curious if I without any licence have the authority to address the court if yes then I have the following questions.

1) Can I represent anyone or only my close relatives related to me by blood?

2) What document/s are required to be filed, to prove my authority to address the court ?

Any assistance would be appreciated.

Thanks in advance.

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11 Replies

(Guest)

Not anyone, you can represent only yourtself in a court of law, if you are the defendant.

Kumar Doab (FIN) 22 August 2017

Go theu the news;

In courts, you can argue your case, but not for others: SC

https://timesofindia.indiatimes.com/india/In-courts-you-can-argue-your-case-but-not-for-others-SC/articleshow/9217943.cms

Kumar Doab (FIN) 22 August 2017

Supreme Court of India

Goa Antibiotics & ... vs R.K.Chawla And Anr on 4 July, 2011

Bench: Gyan Sudha Misra, Markandey Katju

https://indiankanoon.org/doc/170747848/

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Sarthak Nayar 22 August 2017

Thanks, Sectopn 32 Advocates Act vests gives discreation to the court to allow a person to fight the case of his representative, in the particular case it was not a private entity but a company so the courts did not allow.

Kumar Doab (FIN) 22 August 2017

Your last post is for whom...............?

Sarthak Nayar 22 August 2017

It was for you Mr kumar Doab, thank you sir for clearing my doubt.

Kumar Doab (FIN) 22 August 2017

You are welcome.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 August 2017

In the reference given by Mr. Kumar Doab the Supreme Court judges said

Even allowing a person to argue his case before a court is not a matter of right. "It is a discretion conferred by the Act on the court to permit anyone to appear in a particular case even though he is not enrolled as an advocate," it said.

I disagree with the above. It is my basic right to defend myself or argue my own case. It is no one's business to say I should engage someone else to defend me.

R Trivedi (advocate.dma@gmail.com) 23 August 2017

Dr Ramani, although not explicitly but it is mainly to safeguard the litigant. You just cannot appear before the court and say you will defend yourself, foremost thing is you must be free, you must be of sane mind, you must not be in self incriminating still g mode etc. The point is not to deny the right but to ensure fair procedural trial.