Dear All,
Please suggest either any individual can practice in court or can he/she get certification from Bar Council if he/she has been convictedin some case five years before.
Godzgrace (Student) 22 January 2015
Dear All,
Please suggest either any individual can practice in court or can he/she get certification from Bar Council if he/she has been convictedin some case five years before.
JINALI SHAH 10 May 2021
As per section 24A of the Advocates Act, a person cannot be enrolled as an advocate if the person was convicted of any offence involving moral turpitude.
Interpreting Section 24A would mean that a person shall be competent to be enrolled as an advocate by giving bar exams even if he has done or committed the most serious crime after the expiry of 2 years from the date of sentencing.
Due to this aspect of the section in 2016 Justice Joseph Kurain and Justice Adarsh Goel asked the Bar Council of India and State Bar councils to take proper actions against such advocates and amend the said section.
It can be said that in many states a person cannot be enrolled under the State bar but many states do allow it. Like in Kolkata a person who was convicted for the murder of 2 CPM leaders spent almost 15 years behind bars but later enrolled himself with Calcutta High Court and helps poor people and jail inmates to fight for their case and gives them legal assistance.
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