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Agneepath (Software Engineer)     23 November 2011

Can an advocate be punished for promoting false cases?

When a girl or her father goes to a lawyer, asks the 'best way to get out of a marriage', and if he suggests filing a 498a, even when there was no dowry demanded and no harassment done, can that advocate be booked for promoting false cases under any IPC in these two cases:

1). When that girl/father do actually file a false case, hence the crime is committed (and the advocate 'abetted the crime'?)

2). When no case is filed, but just the advocate provoked them to file a false case.

If yes, which IPCs?


Thanks...



 17 Replies

Legal Fighter (Advocate)     23 November 2011

but how will u prove it?

Agneepath (Software Engineer)     23 November 2011

That's why I asked point 2 as well. There are some advocates who 'habitually' recommend filing false 498a cases. If we give evidence of him recommending that, can he be booked under some IPC? 

I am just asking for theoritical knowledge anyway - that if SOMEONE somewhere can arrange an evidence against an advocate that he made the girl's family file false case, can he get the advocate punished. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2011

The advocate can not be booked.

 

Who would be the complainant for the same.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Agneepath (Software Engineer)     23 November 2011

Alright ... Sad that equal parteners in crime (advocates recommending false cases) always get away ... Thanks .... But it's kind of strange that for the crime of murder, we have punishment of 'abettment of crime', but for the crime of giving false evidences to the court, they cannot be held for abettment of crime.

 

Another question: If I bring in front of public the proofs of some advocates who are involved in advising filing false cases, (not to book the lawyers, as you said that is not possible) but to show to a wider audience the higher problem that exists - which women organizations and others refuse to believe that THEY ARE ACTUALLY MISUSED - what all cases they can file on me? :P ... I assume they cannot file for defamation because I will just bring out the truth (From a bit I read about defamation IPCs) (Of course, they can get me killed :) )

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 November 2011

more that ninety percent cases fail finally does it mean the cases were false , no.

Again there is fertile ground than only seeds are sown, somewhere the problems between the two must be there otherwise advocate can not do any thing.

Sandeep Naik (Advocate)     23 November 2011

Dear Agneepath

The Cases can be filed against the Lawyer u/s 35 of Advocates Act . 

 

Sandeep Naik (Advocate - Bombay HighCourt )

Mob: 99670 56980

Email : sandystorm_1995@rediffmail.com

1 Like

Sudhir Kumar (Dy Director)     23 November 2011

In addition to what Mtr Naik is saying please not efine difference.  Advocate has a duty to defend against the case of his client or to prepare a successful plaint.  He has no duty to be party to any crime (false allegation in court). He has no duty to manfuacture allegations and evidence. Incstances have come when the witnesses speak that he said what was taught to him by lawyer.  Some clients have also been heard confession even on telephone that he was advised by the advocate to file serious charges etc.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

Baba, the moot question is... Who would be the complainant in this case?

 

Who would bell the cat?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Agneepath (Software Engineer)     24 November 2011

@Sandeep Naik,
Cool ! That was the kind of info I was looking for. I will read the relevant parts of Advocates act. Thanks ...

@Shonee,
What do you mean by the complainant? Can't I be the complainant for the same if I have proofs?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

Yes, you can be.

 

But what would you say, I went to him, impersonating as a woman and he advised me wrongly.

 

All discussions between an advocate and client would be barred from admission in any court being priviliged information.

 

And you would face charges for impersonation.

 

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: Revenge is a negative emotion 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     24 November 2011

 

Dear Agni,

u consulted advocate to get "best way to get out of a marriage'," and if he suggests filing a 498a, even when there was no dowry demanded and no harassment done,  To act upon the advise depends uopn  u. 

u an chg or consult as many advocate as u wish.

u must do what u find correct.

 

It is not the Advocate, but U who lodge complaint, and declare on oath that what u stated is true and correct to the best of ur know- belief. U accept all responsibility of ur statements, and Police act upon ur statement / complaint. 

 

All communication between a Client and His Advocate is confidential, and cannot be disclosed. it is a Privileged Communication. 

 

I fully agre that Advocate must not encourage filing false 498 cases.  Filing such cases usually end in broken marriages, which shd be avoided . it harm society. 

 

Adv shd not dance at the tune of clients, nor client shd act blindly at the instigation of adv. To create crime cases to earn money- Fees, at the cost of harassment of innocent litigants is not professional ethics. All wives shd think before filing False 498a. Tomorrow ur brother or son or ur parents , and u, may face the same thing!!

Agneepath (Software Engineer)     26 November 2011

@Shroff Sir,
Completely agree with you in everything you said. A person can give you a knife and suggest you to kill someone, but it's your personal morality which takes the final decision to go for it or not. Some 498a wives really criminal minded, but some are just plain dumb who when threatened by the lawyer

Advocate : "Do you want money and to win the case or not? " 
Girl and parents : "Yes". 
Advocate : "Then you'll have to do what I say. We have to write these things and file those cases. If you don't agree, go to some other lawyer". 
Dumb girl and parents : "Yes yes we want money and want to get rid of this marriage. Ok, where we have to sign?"

Agree the main criminals are wife and her family, but the thing is, the advocate doesn't inform about the harms of doing that, because otherwise his clients would run away. 

What you stated is the "what should happen" in an 'ideal' condition. But if the world was ideal, we wouldn't need law enforcement at all. 

Agneepath (Software Engineer)     26 November 2011

@Shonee, 
Why would I impersonate as a woman. We don't need a woman to go to the advocate initially. Some of the friends could act as father/brother of the girl. If really not possible, no need to even go to the courts - at least expose the faces of those lawyers to the world. 

Sudhir Kumar (Dy Director)     26 November 2011

It is a cold reality that in India people just put thump impression on what a man in black coat says.  I have seen mother of a high court judge making false allegation of fraud on 80 yr old brother and sister.


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