Legal Question in Civil Rights Law in India
Dear Sirs
as discussed earlier, i have filed the print out of online threat in the criminal court but the magistrate is not convinced that the same can be treated as evidence. this case pertains to online threat of implication in false cases given to me and my family members. do i need permission from bar council also to file a criminal complaint against a counsel.
Sir Rajiv Gupta replied
in my considered view, an online threat serves as a good proof but you need to file the print out of URL as well to substantiate the document. you do not need permission from bar council to initiate criminal proceedings against a counsel. but before you go ahead with the case, you should state all the facts compelling you to take an action as the complaint pertains to a legal professional.
in consonance to the above query, please reply whether suit for damages and compensation can also be filed even if complaint is going on. is permission of bar council needed for this suit.
2 Answers from Attorneys
Threat on the internet or through the internet falls under the Cyber laws and not under the IPC. The procedure to file a complaint before the cyber cell is different then the Crpc. You dont need any permission to file a complaint against a lawyer from the Bar council .
permission from Council is required for professional misconduct and related issues and not for filing a suit or complaint.
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