Can A Common Man Argue In The Court For Criminal Cases ?

A criminal case is different from a civil case, if found guilty you could face jail time, thus it would be in your favour to let a professional handle what he is best at. In the following article we are going to explain some of the reasons as to why it is not good to represent yourself in your own case. 

Section 32 of the Advocate’s Act provides that the Court may allow any person to appear before it even if he/she is not an advocate. Thus, there are statutory rights to represent one’s own self in his case under the Advocate Act in India.

You are allowed to represent yourself in the court of law, however, even if you are ready to risk your life and reputation, it would be advisable to contact an experienced criminal lawyers in Bhubaneswar who could explain to you the gravity of the criminal charges you are facing so that you can calmly decide accordingly.

Fighting one’s own case- 

It is true that you will be aware of the facts of the case as being the party involved, but along with the facts, you must be aware of the legal provisions as well as the legal procedure required.

For example, you are a party to a breach of contract, and you are aware of the contents of the contract and every clause of it. However, only this will not suffice as you are required to have an in depth knowledge of the Indian Contract Act, as well as the procedure to file a civil suit.

There exists a proper procedure for filing cases in the courts- 

For the proceedings of the court, there exists a proper procedure. For everything there exist some steps which you are required to follow. Even for getting a certified copy  of the judgement, you are required to move from one court office to another and finally get the copy from munshi. 

For example,

  • In the Supreme Court, every annexure has to be certified on its last page, while every annexure has to be certified on every page in the case of the Delhi High Court.
  • Thus there exists some kind of formality or a way of doing a work which is learnt from a book or something but comes with the experience. 

Preparation before hand- 

Fighting a court case is not done in the courtroom only, but its preparation is what makes it the real deal, preparing for any situation is what makes it important to have the assistance of a professional necessary- 

  • For example, in the case of drafting, even many lawyers are not good at drafting effectively as it requires experience and knowledge of law. In the case of a layman it would be way more difficult not only regarding the legal terms which may ultimately result in getting the case disposed off.
  • However there are some courts, where a person does not require a legal representation, Such as-
  1. In a family court- understanding the complexities of the issue involved, the court allows the party to represent itself under the Rule 37 of the Family Court (rules) 1988.
  2. Similarly, there is no need for a lawyer in the Consumer Forum. As per provided by the Act, it can be understood that quasi-judicial bodies/authorities known as the District, State or National Commissions are not Courts, however are invested with some of the powers of the Civil Courts. 
  3. Also these forums are a supplement to the existing judicial system. The forums so created,, thus are not required to follow the procedures of the court or the formalities of the fees.

Hence, as was explained by certain examples, even if you are aware of the facts of your case, you may not be aware of the criminal proceedings as well as their procedure, thus it is necessary to appoint an experienced criminal lawyers in Ghaziabad, so that you can be represented properly in your case.

If you are looking for an experienced criminal lawyers in Hyderabad, you can contact us at Lead India, as we offer you a team of experienced lawyers who have years long experience in dealing with criminal cases successfully.

SOURCE:-

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