Can non advocate (ordinary person) represent in court of law
chandranil S Belvlakar
(Querist) 09 September 2009
This query is : Resolved
Dear Friends
Can a non advocate ( ordinary person) represent in court for an on behalf of accused in other words as an attorney.as the constitution has given right to be represented for himself.
please provide with case laws
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A V Vishal
(Expert) 09 September 2009
No, Kindly refer The Advocates Act. An Advocate is the only person who has right to appear and represent before a court.riven
Shivasurya
(Expert) 09 September 2009
No. You cannot represent for or on behalf of an accused in criminal cases, a bar council enroled lawyer alone can represent on behalf of an accused in a criminal case. In your own criminal case if either you are a complainantor an accused you can represent the case without assistence of a lawyer n civil cases. In civil cases you can represent for or on behalf of the litigants in a capacity of power agent. But in practice, no court entertains the litigants without an advocate, because the court procedures are only known to the lawyers onlyriven
Bhumik Dave
(Expert) 10 September 2009
Only bar council enroled advocate represented in the court for civil or criminal matter but in consumer forum a person can represent his complaint or defend it.riven
Swami Sadashiva Brahmendra Sar
(Expert) 11 September 2009
Cr.P.C. s.303 confers right to any person accused of an offence before a criminal court, to be defended by a pleader of his choice.
Now, the definition of Pleader under s. 2 (q)includes any other person appointed with the permission of Court to act in criminal proceeding.
Thus by permission of the court an accused can be represented even by a person who is not an advocate.
so far civil matters are concerned, O III R 1 provides that any appearance, application or act may be made or done by a party himself or by his recogniged agent or by his pleader.
Here it is remarkable that definition of pleader under CPC s. 2 (15)includes only advocates i.e. those persons who are entitled to appear and plead for others in the court . in contrast to Cr.P.C. s 2 (q),it does not include any other person appointed with the permission of Court.
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Satnam Singh
(Expert) 09 May 2010
An Advocate who has been appointed as a full time Member of District Consumer Forum and is not getting salary but getting Rs.12000/- as honrarium. Can he continue his practice as a lawyer on the days off days in Consumer Forum ? Please guide with case law, if any ?
