sir,
an accused prepared a forged document.the advocate identified the accused at the registry office before registrar.whether the advocate will be booked along with the accused for the offence?
prof s c pratihar (medical practitioner &legal studies) 24 September 2008
sir,
an accused prepared a forged document.the advocate identified the accused at the registry office before registrar.whether the advocate will be booked along with the accused for the offence?
SHEKHAR MISHRA (public servant) 24 September 2008
NO, because the identifying and defending a criminal is not an offence. moreover the advocate is only identifying the person.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 25 September 2008
But advocate duty is to be informed to the concerned authorities about a criminal.
Rajan Salvi (Lawyer) 26 September 2008
No. The Advocate will not be an accused as he has only identified the person. There is a Bombay High Court Judgment on this point.
prof s c pratihar (medical practitioner &legal studies) 26 September 2008
dear rajan ,
if you can manage time , just reproduce the operative portion of the judgment.thanks to all .
R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 30 December 2009
Rajan Salvi is right, Advocate is neither a friend to his client nor he is an enemy to the other side. Advocate's duty is to defend the client only on the records produced by the client, Advocate has not personally gone to his client's house and suggested his client to produce such and such document and also advocate has also not adviced his client to do or carry out such an act as alleged. Hence advocate cannot be accused of any such offence.
Moreover the privilige given to an advocate u/s. 126-127 of Inian evidence act is to be taken into concideration.
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