Advocate defending a guilty person:
N.K.Assumi
(Querist) 10 September 2008
This query is : Resolved
If an advocate is approached by a person who confess that "I have killed a man" please plead for me in the case. Should the advocate defend the accused?
Rajesh Kumar
(Expert) 10 September 2008
A advocate should not plead a case where he is likely to made an witness- thus if there is a possibility that to prove the confessions, the advocate is likely to be made a witness, he should not plead the case.
However, if the said statement has been made in client attroney relationship, it is a privilidges communication and cannot be called in the court of law (thus irreleavnt to decide whether the man is guilty or not) the advocate can and is obliged to plead the case.
Bar Counsil rules are very clear that an advocate should plead any case to defend this client, irrespective of his personal opinion regarding guilt or otherwise of the person.
N.K.Assumi
(Querist) 10 September 2008
tanx Rajesh.
