Helplessness of the accused
Om Prakash Dhusia
(Querist) 25 December 2010
This query is : Resolved
Sir,it is a matter of reality that accused being the common man is not allowed to plead his case in the court and he has to be represented by a lawyer, even on state expences,and he never speaks in the court except while required u/s 313 of CrPC and the accused are docked far away, where they would not be able to listen to what their lawyer is submiiting, then why in every judgment it is mentioned that,"accused did not confront or raise the issue before the court or PW or IO and ultimately the accused has to suffer the consequences only because he signed on a piece of paper called Vakaltnama, thereby mortgaged his life to an unknown?Can any one shed light onto this calamity?
Arvind Singh Chauhan
(Expert) 25 December 2010
If a patient doesn't rely on his doctor it is very difficult to treat him, unless he is well acquainted with medical science. Here is the same. Generally accused wants to narrate his agony before the court for which his lawyer or court do not allow him. Only his lawyer knows that what accused wants to narrate may be harmful to his client. lawyer knows better where to object and where to keep mum. If accused wants to help his lawyer or to put some points, he can call his lawyer near him and can discuss with him.
If accused doesn't rely on his lawyer he can file application to court that he doesn't require any lawyer, he will plead himself.
adv. rajeev ( rajoo )
(Expert) 25 December 2010
Accused has got every right defend himself without an advocate.
R.Ramachandran
(Expert) 26 December 2010
Dear Mr. Om Prakash,
Every individual has a right to represent himself before the Court. There is no compulsion whatsoever that one has to be represented by an Advocate. HOWEVER, if any individual wants that he be represented, then ONLY AN ADVOCATE can represent not anybody else.
Thus, if any person is sure that he will be able to present case himself, he can do so without the help of any Advocate. This is his right. He can do so. No one will object or stop him from doing so. Even an accused can present his case himself. There is no bar.
If an accused wants to present his case he will be appearing in person. But if the accused has authorised an Advocate to present his case, then his present will not be necessary and he has to go by what his Advocate has represented him. The facts of the proceedings will be intimated to him by the Advocate.
As regards your query : "why in every judgment it is mentioned that accused did not confront or raise the issue before the court or PW or IO". You should understand that this type of comments are there from the Court even when one is represented by the Advocate. Think of the situation where a non-legal mind (i.e. the accused himself) is to represent personally. Whether he would be knowing how to handle the case / how to cross-examine any witness etc.
The choice ultimately is that of the individual. Whether to have an Advocate or not. Nobody compels to have an Advocate.
Advocate. Arunagiri
(Expert) 26 December 2010
Yes it is true the party in person is having difficulty in addressing the court. Just because the advocates will be standing in front of the Judge. Party will be standing away after the advocates.
Under the circumstances if the party wants to say some thing he will called by the judge nearer to him.
One thing it has to be accepted is advocates are better in presenting the case in comparing the party in person by combining relevant law and facts.
vijayan
(Expert) 26 December 2010
Why the experts wasting their valuable time to answer such questions? Dear experts,avoid absurd queries and please try to clear the genuine legal doubts.
HE know everything, but pretending that he do not know his right to defend himself in a court. Everybody should know, Vakalatnama is not a "piece of paper" and advocate is not a mortgagee of life who spread calamity.
Om Prakash Dhusia
(Querist) 27 December 2010
Dear Mr.SKJ Advocate:Many Thanks for pre-judging an individual by a man who claims to konw the law.But we are not the loosers but fighters and fighter never looses and by the way have you given any advise to me, so do you have right to comment as such?No,not at all.
This was my third defence lawyer.The first made me to complain to Bar because despite NBW for not attending dates due to communication gap,he suggetsed me that PW statement has been over.When I asked how can there be statement during accused absentism then he started threatening me and in UP, lawyers even beat to their clients.
2)On second occassion, our lawyer was found wanting to cross-examine PW and he was not conducting it properly.
3)the last one was not even competent enough to be as criminal lawyer and later on it came to be known that he was basically a civil lawyer, thereby we lost the case.
So who is to be blamed?
It is very difficult to fight a system but I have been fighting that and that requires guidance from the learned people, thereby such foolish questions too, so why you indulge in behaviour of politicians, where attack is the better defence.Indeed we are living in the civilized world.You may find me irritating so why comment un-necessary when you do not share your advice with others.
Om Prakash Dhusia
(Querist) 27 December 2010
Dear Vijayan please, if you don't want to share your expertise without a fee,you are within your rights but don't discourage others who are there to help and guide the victims of their helplessness.
Today is the day when I came to know that an accused can defend himself without the help of a lawyer in the court.It may be my foolishness or my ignorance that I never knew about this and if you felt hurt,then accept my apologies.
How do you know that I know everything?Did you see anyone who knows everything?If I had known everything then why would be asking questions which sound Silly in the eyes of learned?
Why I say that Vakalatnama is a piece of paper because it is totally in favor of lawyers, so what you can call onesided terms and conditions as?
And if an accused is not represented properly and being no evidence against him but defence lawyer did not utter those innocence during submission and got convicted, do you think it is not a calamity?
If you promise that you will study my case without fee I can furnish all the papers to you but sorry to say that they are all in my mother tongue, i.e Hindi.Would you?
Om Prakash Dhusia
(Querist) 27 December 2010
Mr.R.Ramachandran.Advocate:Oh what a sober and thought provoking answers from learned people like you.I am overwhelmed with your reply.Thanks and may god bless you.But dear sir I am 51 and only after coming to this column I am known to this otherwise I was totally ignorant about representation by the accused himself.But sir every coin is double sided, may be you win or lose but when you know you will lose at the end, so why hire a lawyer then?
Sir I am not aware of the system at other parts of India but it is totally a mess at my place.Once again Thank you very much indeed.
Ajay Bansal
(Expert) 27 December 2010
FILE AN APPLICATION IN THE COURT FOR RAISING YOUR ALL PLEAS IN QUESTION.
Gulshan Tanwar
(Expert) 28 December 2010
Mr. Dhusia,
Thats why experts are there and things can be known to be good only when you have met the bad one!!!
Sweeter is the success only when you have tasted the sour.
In criminal Law it is not mandatory for having an Advocate whereas in Civil Law it is mandatory to have one.
Arun Kumar Bhagat
(Expert) 31 December 2010
I agree with the views of Mr.Vijayan. Mr.Arvind is also very right. I have seen many cases being lost due to overconfidence of accused or litigant. We have wasted our three or five years of prime time period of life to obtain LLB degree. Is it so cheap ?
