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28 June, 2013

If Advise of an Advocate is proven wrong, Case u/s 420 or 109 IPC cannot be filed against him

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If Advise of Advocate proven wrong, he is not liable for 420 IPC
Delhi : In an important decision Hon'ble Supreme Court of India said, that if the advise of a lawyer goes wrongg in some way, even than no case under section 420 IPC or something like that can be registered against him/her. Though Supreme Court also said that Lawyer should take care of the  interests of his/her clients.

CBI has asked for advise of a Lawyer on title deed in a matter of loan.The lawyer have given a clean chit to that deed at that time, but after that the scandal of millions took place on the same deed. CBI registered a criminal case against the lawyer under section 420 and others that was dismissed by High Court. CBI went to Supreme Court in appeal against the order, which the Hon'ble Supreme Court also dismissed.

Justice P. Sthasivam and Justice Ranjan Gogoi bench said while giving decision that a case cannot be registered against a lawyer just because his advice was not right. The wrong advice of the lawyer can be considered negligence or professional misconduct, that too only when there is strong evidence. But in no condition the lawyer can be accused for section 420 or 109 IPC, unless there are strong evidence that establish relation of advocate with criminals involved in the case.

Court also said that in professions like lawyers and doctors, the professionals cannot guarantee for the success of the case. Courts said that the advocate cannot provide guarantee to his/her client that he would definitely win the case and nor doctor can tell his patient that is operations are always successful. And though this professions doctor and lawyer can only say that they are experienced in their work and they would do their best efforts so that they are successful. And thus Supreme Court dismissed the appeal of CBI.

Sneha Jaiswal, Delhi | GeekUpd8 Author: Sneha Jaiswal - ♀ GeekUpd8 Author                               GeekUpd8  Find Geek Upd8 on Facebook  Follow Geek Upd8 on Twitter    Subscribe Geek Upd8 on your Browser
An Advocate enthusiast from Delhi, India. She joined us in Law Reporter (a Geek Upd8 law project) in June,2013. She is very interested in criminal and cyber laws.

1 Responses to “If Advise of an Advocate is proven wrong, Case u/s 420 or 109 IPC cannot be filed against him”

Puneet Batish said...
1 July 2013 20:37

If Advise of an Advocate is proven wrong, Case u/s 420 or 109 IPC cannot be filed against him, posted on Geek Upd8, thanks to Advocate Sneha Jaiswal, Narayan Dutt, Punit, Daya - http://g8.geekupd8.com/210


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