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Do You Have the Right to Defend Your Own Case in Court Without a Lawyer? Do You Have the Right to Defend Your Own Case in Court Without a Lawyer?

Bronze medal Reporter adv.John Posted 27 Jul 2017
Do You Have the Right to Defend Your Own Case in Court Without a Lawyer?

Do You Have the Right to Defend Your Own Case in Court Without a Lawyer?


Every citizen who is involved in legal battles has the right to plead a case in the court of law in person without the help of a lawyer.  The better person who can plead the case and submit every view point regarding the case with the authority is himself/herself. It does not matter whether you are an advocate or not. Every petitioner has a primary right to contest any of your civil or criminal cases even without the help of an advocate.


An advocate is only a substitute and according to the order Three of Civil Procedure Code. According to that order, an advocate is an attorney who is a person appointed to act for the petitioner. For the appearance of a person on the court, it is not necessary to have a law degree at all.  If a petitioner engages another person for pleading the case, it is also not necessary that the other person is to be a lawyer.  But in such cases, it is important to get the permission of the court.


For criminal cases, no trial will begin until before an accused is given an opportunity to engage a lawyer. If the accused is not in a position to engage a lawyer, the court will give him the services of an ‘Amicus Curie’. It is an advocate who is asked by the Court to represent the case for the offender. The money for the case will be given by the court.


If the accused neither engages the advocate nor takes the services of ‘Amicus Curie’, the Judge will himself examine the witness. Also, the accused has the right to cross-examine the witnesses by him.


A foreigner can also approach the Indian Courts without the help of an advocate. For those who have illegally come to India or who are detained after crossing the border have the right to seek justice according to this provision. They can also plead for the liberty if detained is beyond the period of detention.


Click on the image to read more about List of Important Amendments of the Indian Constitution


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