RAHUL GUPTA (MANAGER) 24 September 2025

Advocate appearing as a witness

I am an advocate in a criminal case and my sister is the complainant in this case .

I had given my statement u/s 161 CrPC to police during investigations and is listed as a witness in trial .

Can I appear as a witness as a private person for my client in the same case on which I have submitted my Vakalatnama.

Please suggest suitable Apex Court Citations

Quick Summary

This discussion addresses the ethical and legal implications of an advocate appearing as a witness in a case where they are also representing a client, particularly when the complainant is a family member. The consensus is that an advocate cannot simultaneously act as counsel and witness in the same case due to professional ethics and Bar Council rules. It is advised to withdraw the vakalatnama and engage another lawyer if you have provided a statement as a witness.

5 Replies

Dr. J C Vashista (Advocate ) 24 September 2025

You have to engage some other lawyer to proceed if you want to a witness in the case of your sister.

Even etically you must not appear as a lawyer in the case filed by your sister.

T. Kalaiselvan, Advocate (Advocate) 24 September 2025

You cannot be an advocate for your client where you have already given statement under section 161, you may have to withdraw your vakalatnama immediately.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 24 September 2025

1. You are competent to appear as a witness, but you can't appear in same case as an advocate. Rule 13, chapter II, part VI of bar council of India Rule bars to appear as a counsel.

2. Pratap Singh v Gurbaksh Singh, AIR 1962 SC 1172, The court emphasizes that advocate must not combine the role of counsel and witness in the same matter.

Advocate Bhartesh goyal (advocate) 24 September 2025

Yes,Advocate can not appear in case in which he has adduce evidence as witness It is against professional ethics so you should withdraw your power from case file.