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Umesh (Senior Executive - MIS)     17 October 2014

Can i fight case my self in court

Please guide me on below:

1) Does I require power of attorney from my parents to fight the criminal case of Section 498(a), 504 & 406. I am the main accused.

2) What are the procedure to be followed in the court.? ( Any return documents or any permission from bar council etc.)

Please treat this as an urgent.

Thanks in advance,

Umesh

+91-8691922536



Learning

 2 Replies

Ashok, Advocate (Lawyer at Delhi)     17 October 2014

You can fight your own personal case. Do not appoint any advocate. Simply inform the court, when asked, that you want to defend yourself during trial.

 

However, it may not be possible for you to defend the case (in court) on behalf of your parents, since you are not an advocate. Of course, your parents can also fight their own individual cases themselves. But, if they want to appoint some other person to defend them in court, then such other person defending them should be an advocate.

 

If all of you are co-accused, and if your parents do not appoint any advocate, then you can cross-examine the witnesses on your own behalf and your parents can adopt your cross-examination (if they are defending themselves). This can perhaps be a via media. But, it may be risky sometimes.

 

 

Also be careful that you must know the basic procedure and should have some basic knowledge of how to defend the criminal charges levelled against you. Otherwise, sometimes, not appointing an advocate can also be like “penny wise pound foolish”. So, take the decision after considering pros and cons carefully.

N.K.Assumi (Advocate)     18 October 2014

Rightly advised by Ashok advocate. In addition seek the permission of the Court first to fight your case personally..


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