Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajkiran123 (Manager)     10 May 2016

Can private lawyer represent the complainant in 498a

Dear experts,

I am fighting a false 498a case and the current stage is prosecution witness examination. A private lawyer appears in the court on behalf of my wife everytime she is absent in the court. Please advise the below:

1. Can a private lawyer represent/fight for the complainant intead of state(public procecutor)?

2. What are the limitations of a private lawyer from prosecution side in the cases like 498A?

Thanks in advance


 3 Replies

Vijay Raj Mahajan (Advocate)     11 May 2016

Yes wife can be represented by private lawyer along with public prosecutor in Section 498a IPC criminal complaint during court proceedings but such private lawyer has to work along with P. P and under him as the actual authority lies with the State through its lawyer who is the assigned P. P.
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Adv Mahajan has given the right suggestion, nothing more to add

sb (unemployed)     27 May 2016

Yes Private lawyer can appear in the criminal case u/s 498A, but he can work only under the guidance of PP after PP has granted him permission to assist him ... he can not directly conduct the case in the court and in absence of PP can not even lead prosection evidence. If you wish that the private lawyer becomes ineffective then tell your lawyer that the trial court take on record on the file the written permission which PP has granted to the private lawyer to assist him. Such permission in reality is obtained from the Directorate of Prosection or Chief Prosecution Officer of the district court and no PP will recommend his superior that he requires assistance of Private Lawyer in the state case, and in absence of written permission the private lawyer can not take part further in the proceedings

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