Rajasthan HC: No Criminal Action Against Advocate if Legal Advice Goes Wrong, Only Liable for Professional Misconduct

Rajasthan high court Law Insider

Paridhi Arya

Published on June 20, 2022 at 15:56 IST

The Single Judge Bench of Justice Pushpendra Singh Bhati held that an Advocate cannot be charged under criminal proceeding on the ground that his legal advice was wrong and against the client but if evidence established than advocate can be charged for gross negligence and professional misconduct.

The Petition was filed by an advocate against whom Trial Court ordered to frame charges under Section 13(1)(d) and 13(2) of Prevention of Corruption Act and also under Section 120B of IPC.

The Petitioner advised his client that is Municipality related to one land because of which Municipality lost 7,18,800 rupees so Municipality alleged that Advocate conspired with opposite party and in exchange got pecuniary benefits.

The Bench observed that prosecuting an advocate on basis of professional advice is unsustainable even when it is not prima facie established that advocate had conspired.

The Court further observed that Trial Court need to check that prima facie case against accused is made or not when charges are framed. If facts show that all ingredients of the alleged offence is established then charges may be framed.

The Bench pointed out that if professional advice of an advocate being made liable for prosecution than such act will create fear in the advocates and they will hesitate while giving advice and it will lead to hamper the justice system as advocates are component of it.

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