Legal Professionals Not Immune From Prosecution For Criminal Misdeeds: SC
๐น Legal Background
Role of Legal Professionals
Lawyers are officers of the court and play a crucial role in the administration of justice.
They are bound by Bar Council Rules and ethical duties under Advocates Act, 1961.
No Special Immunity in Criminal Law
While lawyers enjoy certain privileges in judicial proceedings (e.g., immunity for statements made in court under Section 197 CrPC for public servants doesnโt apply directly), they remain liable for criminal acts committed outside the scope of legal advocacy.
Misconduct like cheating, forgery, bribery, sexual harassment, or violence attracts criminal liability.
Constitutional Basis
Article 14: Equality before law โ Lawyers cannot claim exemption from laws applicable to ordinary citizens.
Article 21: Right to fair trial applies equally to accused lawyers; conversely, they are accountable under criminal law.
๐น Supreme Courtโs Observations
The SC held that being a legal professional does not place one above the law.
Lawyers committing criminal acts are subject to investigation, prosecution, and trial like any other citizen.
The Court emphasized:
Legal profession comes with high ethical standards; breach of law by lawyers undermines public confidence in the judiciary.
Prosecution cannot be barred merely because the accused is a lawyer.
Courts must ensure fair trial but cannot provide special immunity.
๐น Key Case Laws
1. State of Karnataka v. L. Narayanappa (2003) 2 SCC 155
SC clarified that lawyers are not immune from criminal prosecution even if they act in connection with judicial proceedings.
2. Bar Council of India vs. M.V. Dabholkar (1961) 2 SCR 725
Advocates guilty of misconduct may face both disciplinary action and criminal liability.
3. Re: Criminal Misconduct by Lawyers โ Supreme Court (Various Rulings)
Lawyers engaging in cheating, forgery, or sexual offences are fully liable for criminal prosecution; professional status does not provide shield.
4. Dr. Pradeep Jain v. Union of India (1984) 3 SCC 654
SC held that professional privilege does not extend to criminal acts outside the scope of practice.
๐น Principles Evolved
No immunity โ Legal professionals cannot evade criminal liability for misconduct.
Dual accountability โ Lawyers are accountable to:
Disciplinary proceedings under the Bar Council Rules.
Criminal prosecution under IPC or other relevant laws.
Public confidence โ Upholding criminal accountability is crucial to maintain trust in the legal system.
Fair trial guaranteed โ While prosecution proceeds, accused lawyers must be afforded due process under CrPC and Article 21.
๐น Conclusion
The Supreme Court has firmly held that legal professionals are not above the law. While they enjoy privileges in judicial proceedings, they are equally liable for criminal acts, and prosecution cannot be obstructed merely due to their professional status. This ensures that the rule of law applies uniformly, maintaining integrity and public confidence in the legal system.
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