No Direct FIR against a advocate or doctor – Supreme Court

Hon’ble Supreme Court of India said, that if the advice of an advocate goes wrong in somehow, even then no FIR can be lodged under section 420 Indian Penal Code, 1860 or something like that could have registered against a lawyer.

Though Supreme Court also said that Advocate must take care the benefit of their clients. Central Bureau of Investigation has asked for advice of an Advocate on title deed in a matter of debt. The Advocate has given a clean chit to that deed at that time, but after that, the scandal of millions took place on the same deed.

CBI recorded a criminal case against the lawyer under section 420 of Indian Penal Code,1860 and others that was dismissed by High Court. Central Bureau of Investigation went to Supreme Court in appeal against that order, which the Hon’ble Supreme Court also dismissed.

Justice P. Sthasivam and Justice Ranjan Gogoi bench said while giving a 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, a lawyer can be accused of section 420 or 109 Indian Penal Code,1860, unless there is strong evidence that establishes the relation of a lawyer with criminals involved in the case.

Court also said that in professions like lawyers and doctors, the professionals cannot sure for the success of the case. Courts said that the lawyer cannot provide a guarantee to their client that he would definitely win the case and nor the doctor can tell his patient that an operation will  always become 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 that appeal of Central Bureau of Investigation.

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