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Kolkata advocate (Advocate)     01 February 2021

Advocate harassment

What legal steps can be taken if someone harasses an advocate ( threat, payment delay etc)?



Learning

 5 Replies

Real Soul.... (LEGAL)     02 February 2021

Lodge an FIR, and also approach your bar assocaition and file file a complaint before magistrate

Kolkata advocate (Advocate)     02 February 2021

Originally posted by : Real Soul....
Lodge an FIR, and also approach your bar assocaition and file file a complaint before magistrate

On which ground? Which ACT Which section ? Can u send me a sample?

Real Soul.... (LEGAL)     02 February 2021

can you explain what kind of harrassment ?, wheather you receive any phone calls, or life threats ???

WHo is harrassing and why ?

Kevin Moses Paul   10 February 2021

As per you query it is relevant to let you know that the Indian Penal Code which is also know as IPC is the code of law which primarily deals with punishments for various offences.

Similarly,in order to deal with threat(s) section 503 has been initiated. The section 503 deals with - "Criminal Intimidation".

Section 503 IPC illustrates Criminal Intimidation as - "Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."

The legal profession is assessed to be a noble line of work where the lawyers prioritize the client’s interests over theirs and in this profession, ethics overcome the self-interest of the lawyers.

Therefore, when or if an advocate is given threats, the lawyer is supposed to inform the SBA (State Bar Association) of where he/she is enrolled as an advocate.The complaint can be provided via email (electronic means) and in written format, this is later initiated to the state police & the BCI (Bar Council of India), in order to take precautionary steps to safe guard the advocate.

The same procedure can be instituted with the Bar Association (to which the advocate is an associate member) if an advocate is harassed in relation to the delay of fee demanded, such that relevant steps could be taken via sending notice to the client in order to make the payments on time.

Hope it Helps.

Thanks

175B083 Mahesh P S   17 February 2021

Hello,

Kindly go through the following articles for more input:

https://www.lawyersclubindia.com/articles/criminal-intimidation-ipc-section-503-explained-with-landmark-caselaws-11127.asp

https://www.lawyersclubindia.com/articles/student-notes-criminal-intimidation-indian-penal-code-11999.asp

Thank you
 


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