Can a police officer arrest an advocate?

Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case against an Advocate without the specific order of the Chief Judicial Magistrate.

Can an advocate be handcuffed?

“As per the law, no one can get handcuffed without permission from the court. If this is not followed, it amounts to contempt of court. Cops who violate the apex court direction have to face proceedings under the contempt of court act,” points out the advocate.

Can a case be filed against an advocate?

A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure. The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language.

Can a lawyer be present during interrogation in India?

Unlike in some countries, lawyers in India are not allowed to be with an accused throughout their investigation. The judgment states that “an arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation”.

Can advocate attest documents?

Only gazetted officers can attest unless the document is one which requires to be attested only by an advocate.

Who can arrest in India?

Section 151 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, “if it appears to such officer” that such person is designing to commit a cognizable offence and that the commission of offence cannot be prevented otherwise.

Who is an advocate in India?

Advocate on record is an advocate who has passed a qualifying examination conducted by the Supreme Court of India. The examination is taken by an advocate who has been enrolled with a Bar Council for at least five years and has completed one year training with an Advocate On Record of not less than five years standing.

Does India have right to attorney?

The right to counsel springs from Article 22 of the Constitution of India which provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his …

Is a advocate gazetted officer?

Yes a notary public who is also an advocate is a gazetted officer because being an advocate he is termed as an officer of the court and further when appointed as a notary public his name is published in the official gazette of the government of India.

Can a police officer arrest someone without a warrant in India?

A police officer may, for the purpose of arresting without warrant any person whom is authorized to arrest, pursue such person into any place in India (sec 48). Arrested person shall not be subjected to unnecessary restraint and physical inconvenience unless it’s necessary to do so to prevent his escape (sec. 49).

Communications between the advocates and their clients must be respected; the confidentiality must be protected. Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case against an Advocate without the specific order of the Chief Judicial Magistrate.

What are the rights of an advocate in India?

An Advocate enjoys this right even in court, unlike other citizens. It is the right of an Advocate to represent his client in the court of law. According to Section 30 of the Advocates Act, an Advocate has the right to practice his advocacy in any court of law in India.

Can I help a person from being arrested by the police?

Practically Yes. For upto 24 hours, nobody can help a person from being arrested by the police for any reason whatsoever. Police can ‘arrest’ and keep in custody any person for upto 24 hours. There is no justification for this except the flimsiest reason which may include – ‘The Person was looking suspicious’.