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Can We Fight Criminal Case In A Court Without A Lawyer Present?

  • Writer: lead India
    lead India
  • May 26, 2023
  • 3 min read

There is a difference between a criminal case and a civil case, when found guilty in a criminal case, you could face jail time, therefore it will be favorable for you to let a professional handle what he is experienced at. In the article herein we are going to explain some of the points as to why it may not be good for you to represent yourself in your own criminal case.


As per Section 32 of the Advocate’s Act, the Court may allow a person to represent himself/herself before the court even if he/she is not an advocate. There are statutory rights provided by the legislature to represent himself in his case as per the Advocate Act in India.


You may be allowed to represent yourself in the court of law, but even if you are ready to risk your life and reputation, it is advised that you contact an experienced criminal lawyer in Ludhiana who can explain to you the gravity of the criminal charges faced by you so that you could act calmly.


Fighting your own case-

You may be aware of the facts of your case as you are the party involved, however in addition to the facts, you must also know about the legal provisions including the legal procedure required. For instance, for the case involving a breach of contract you could be aware of the contents of the contract and every clause related to it.


But the mere knowledge of the content of the contract would not suffice as you will have to have an in depth knowledge of the Indian Contract Act including the procedure required to be followed to file a civil suit.


Proper procedure for filing cases in the courts-

For the court proceedings, proper procedure has been provided by the court. For each step of the court procedure, some steps are required to be followed and could not be excused, no matter if you are a professional or not. Even in order to get a certified copy of the judgment by the court, you will have to move from one court office to another and hence, finally get the copy from the munshi.

For instance,

  • For the Supreme Court, every annexure is required to be certified on its last page, while each annexure is required to be certified on every page in the case of the Delhi High Court.

  • Hence, it has to be understood that not every procedure or step could be learnt from the book but could only be learnt through experience.

Preparation before hand-

A court case is not dealt with in the courtroom only, but the preparations regarding it are what make it the real deal, preparing for any surprising situation is what makes it necessary to have proper assistance from a professional-

  • For example, in the case of drafting, even lawyers may not be good at drafting in an effective way, as it would require experience as well as knowledge of law. For a layman it could be way more difficult not only regarding the legal terms which could result in getting the case disposed off.

  • But there are some courts, where a person involved would not require legal representation, these are-

  1. In a family court- given the various complexities of the issue involved, the court will allow the party involved to represent itself under Rule 37 of the Family Court (rules) 1988.

  2. In a similar manner, in the Consumer Forums no need for a lawyer is there. As has been provided by the Act, it must be understood that quasi-judicial bodies or authorities called the District, State or National Commissions are not actually Courts, but are invested with a few powers of the Civil Court.

  3. These forums could be understood as a supplement to the existing judicial system. It is not required by the forums thus created to follow the procedures of the court or the formalities related to the fees.

Hence, as has been explained by certain examples, even if you may be aware of the facts of your case, you may not understand the criminal proceedings and their procedure required; therefore it is important to appoint an experienced criminal lawyer in Noida, so that you could have proper representation in your case.


In case you wish to appoint an experienced criminal lawyer in Pune, you could contact us at Lead India, as we offer you a team of experienced lawyers who have year’s long experience in dealing the criminal cases successfully. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.


Call Us: +91–8800788535


 
 
 

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