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prof s c pratihar (medical practitioner &legal studies)     24 September 2008

charge of conspiracyto commit offence under s 467


           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?


 5 Replies

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 .


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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