Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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s..i..n..g..h.. (member)     16 September 2011

What is my right to defend in court without lawyer

can i defend my case without lawyer in every case where i am a party in every court



Learning

 45 Replies

Arvind Singh Chauhan (advocate)     16 September 2011

Yes You can, but may invite problems due to lack of legal and procedural knowledge, if you are not a lawyer.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 September 2011

court cases are more of procedure, latches than law. You may read law in books but not converstant how to play with the game in actual arena.

People on this site who are not advocates do cruel joke on the suffering human beings who are caught in webs of legal procedure by just dishing out advice which in non relevant just to get points.

1 Like

(Guest)

our legal system is a huge constitution with red tape... better you fight it out yourself... no fear... ask the clerks what to do... it will open itself all the doors... all the procedures can be done with the clerks as well... have patiece with dates... have ever gone for a date?  now this is different one...

Manav Kalia (Arguing my own cases..)     16 September 2011

I am arguing my own cases, the constitution provides (article 14 I think) that you can argue any case on your own, even in SC. But it is not easy, as you can argue your facts, and read and refer to laws pertinent to your case. If you are intelligent and can speak well (btw I am a stroke victim, who is not able to speak properly), then that is the easy part. All the court procedures, thats hell for non-lawyer to deal with. How I manage is by making friends (paying some money) to clerks, and a lot of guidance and support from LCI. Without LCI's help I would not be able to manage at all. It carries a great risk, but if you have conviction and courage, you can do so... All the best..
1 Like

AMAR RANU (Legal consultancy)     16 September 2011

Remeber always that law in theory and law in action are poles apart.

Practice makes a man perfect.

Majority of judges in this country are not party-in-person friendly.You can not succeed unless you have knack for law- that is a fundamental requirement.If you have this fundamental requisite,rest of other things you can pick up through practice and trial and eror methods.

1 Like

Manav Kalia (Arguing my own cases..)     16 September 2011

I agree with amar ranu that most judges are not friendly to party in person. But you have take a firm stand with judges, you have to remind them that they are bound by the constitution first and foremost, as in the laws are based on constitution, not the other way round. Even a SC judge cannot violate constitutional rights of an indian citizen as promised and guaranteed to him by the constitution. I have many times had to remind a judge that I am protected by the constitution, then the judge is unable to respond to that. What I wud suggest is that you read up on the constitution, and know your rights, and then tell any judge that the risk of representing your own self is known to you and you are prepared to face any consequences that arise.. Always remember, be polite but firm at all times, remember it is your right to disagree with a judge any time, but dont lose your cool and dont make any personal remarks to the judge.. But remember all this said IT IS A BIG RISK. Be very aware of your decisions and actions.. In the end its your life, and you have the right to choose, that is the true meaning of freedom which is promised to you by the constitution.. In practice only tremendous courage and conviction will see you through as words in theory and practice are poles apart..

joe (Dr)     16 September 2011

I liked Amar Ranu's advice / response to the question posed. For while it is true that one can argue one's case in court, fix one's computer and even treat one's own medical ailments, in the case of court cases - it is best to secure the assistance of an honest and experienced lawyer. An experienced professional knows (or ought to know) what pitfalls and surprizes to expect

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     16 September 2011

While one can personally conduct/defend one's court cases himself/herself,  it is advisable to keep in my mind the viewpoints expressed herein above by JSDN and  Amar Ranu.   In fact, during my visits to different High Courts and to the S.C ., I had ocassion to witness several cases wherein party-in-persons have miserably failed to convincingly place facts of their cases with supporting authorities and persuade the Courts to give judgements in their favour.   Apart from this, as has rightly been observed by Mr.Amar Ranu,  in most of  such cases it was obvious that the Courts were also showing a kind of displeasure with the  pleadings by the party-in-person, and  I felt sorry  at times to observe that  even good cases were lost by the parties concerned.   Therefore, I am of the personal view that  it is always advisable for the person concerned to engage a reliable and sincere Lawyer to conduct/defend cases in the courts even if one is  having bookish knowledge of law.  I would like to add  here there have been instances when even senior Lawyers prefer to engage some other Lawyers to  conduct/defend their own personal cases.  It is said that  a Doctor would prefer to go to another Doctor for treatment of himself and family members .  Perhaps, such time-tested practice is a healthy one even in case of  Law.

 

Manav Kalia (Arguing my own cases..)     16 September 2011

I think that each case is different. I am arguing my own cases as they are gender biased law cases and I have nothing to lose. I have permanent brain damage so there is no threat of prison term, I am unemployed so no income, or any movable or immovable asset of of any kind that I own. I want nothing from wife apart from divorce. N she does not want one, so it will take its own time, probably after yrs in SC. So i dont see any point in wasting time or money on lawyers which i dont have in the first place. It is wife's time and money to waste on lawyers to stay married to me. Since I dont want to get married again so i have patience for a lot of yrs to get a divorce. But if I had other things at stake I wud still probably argue my own cases, bcuz I wud rather speak my mind against injustice and have it go against me, that to be left with the unsavory feeling of not having my voice heard, when i have not done anything wrong... But thats just me, I am ok with the risks, but in answer to the original question by th author, yes it is possible to argue your own case in any court in india, but it has a lot of risk, thats true too....

AMAR RANU (Legal consultancy)     17 September 2011

There is a century old saying that "never have any 'punga' with a person who have nothing to loose"

Recently,Union Government had such a mindless  "punga" with Anna Hazare and results are before you.

So in that term,Mirage,you are bound to win.....

Manav Kalia (Arguing my own cases..)     17 September 2011

Thanks @ amar ranu, for the vote of confidence, it is true that I have nothing to lose, hence nothing can be taken from me, hence I have no fear, but you are comparing an ant (me) with an elephant (anna hazare), but thank you for mentioning me in the same league with him, wish there were more like him, half of india's problems wud be over soon, but in all seriousness, arguing your own cases is not advisable usually, thats why you see only rare cases, plus if everyone self argued all the learned lawyers wud be out of business.... And LCI wud ban me for sure... Hehe .. ;-)

joe (Dr)     19 September 2011

Even though I have the good fortune of a dual discipline, that too at the PG level, I would neither treat myself (if I am ill) nor defend myself in court (if I am sued).  I would get hold of an experienced professional in the field to do the needful for me. I'd certainly assist the professional in any which I can without being a pain.


(Guest)

prepare like a student for an exam with precise reference to sections and you are right on dot... judge does not decide on the basis of arguments... he decides on the facts placed in the petition... arguments are human and judge decides on the loss caused to one another... within the purview of law... the language should be requesting and pleading... advocates are just middlemen... if it is a criminal case only, then you need an experienced lawyer who can advocate remedies... otherwise delays are due to lawyers and police investigations because everywhere people started to think... whats in it for me!!!!!!!!!!

Manav Kalia (Arguing my own cases..)     19 September 2011

I agree with srinivas. But the thing is the judges often exceed their power, especially in the lower courts, that is why so many decisions are appealed successfully. I have seen judges take a personal bias to parties, so even within the purview of the law a judge can do a lot of damage, that is why lawyers are needed to minimize all this.... A judge often bullies a party subject to his lack of knowledge of the law, but a good lawyer will not let it happen.. In the end unless you have a very good knowledge of law, or your case is very strong, or you have the personal courage to stand upto the judge, you are better off with a lawyer in most cases.... Just a bit of practical advice from a person who is arguing his own cases without any lawyer..

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