Suppose some person G comes to know that he has broken some law and done an offense because of wrong advice of some advocate (G's legal adviser).
It was not done if that advocate would not have suggested that ; that act was legal in G's legal adviser's view & knowledge.
Will court punish only accused G but NOT that advocate in India?
Will court punish that advocate for abettment of that offense & set G free because basic fault was of that advocate?
Or court will punish both of them in India?
2007-07-07 16:10:17 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Ignorance of law is no excuse for anyone & it cannot be used as a defense for any crime committed by the person. As an advocate if any person advice another to commit an act that will amount to a punishable offence then such an advice is not only amounting to unlawful but even immoral & unethical on the part of the advocate. No doubt the offence committed by the person is punished even the advocate can be charged & punished for abetment under section 107 of the Indian Penal Code or under 120B of IPC for criminal conspiracy if such an advocate is part of such agreement of offence or under section 34 of IPC if the advocate was part of the offence that was committed with common intentions. Such an advocate can also face charges against him under the provision 35 of the Advocate Act, 1961 for professional or other misconduct.
2007-07-07 18:18:08 · answer #1 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
Ignorance is no defence where conviction is concerned but it could be a mitigating factor in sentencing, if you can convince the court that you committed the offence unknowingly but upon your advocates advice and urging. You ought to file a complaint against the advocate at the bar council of your state.
2007-07-11 05:32:17 · answer #2 · answered by ? 4 · 0⤊ 0⤋
this can be claimed for damages caused due to wrong advise as is being done for damages for wrong treament by docs
but all things have to be proved...
there are many laws in UK and similar laws may be here too. but the treat ment you get there and treatment you get in India will be different even though you are in similar situation exactly. Rewards will not be same exactly
2007-07-14 08:33:17 · answer #3 · answered by krishprud@yahoo.co.in_KISHORLAL 6 · 0⤊ 0⤋
Ignorance of law is no excuse for anyone & it cannot be used as a defense for any crime committed by the person.
2007-07-08 02:39:53 · answer #4 · answered by Neeraj L 1 · 0⤊ 0⤋
YES BOTH ARE CULPRITS. IF IT IS PROVED IN THE COURT OF LAW
2007-07-07 23:25:03 · answer #5 · answered by RAMAN IOBIAN 7 · 0⤊ 0⤋
Yes. Always be careful, very careful.
2007-07-08 03:42:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋