Legal Question in Criminal Law in India
is a criminal complaint against a lawyer maintainable regarding his professional dealings where he impersonated, cheated and committed criminal breach of trust. will the criminal court take cognizance against the lawyer or refer the same to bar council of Delhi
3 Answers from Attorneys
criminal procedure does not create any distinction for a lawyer as no one is above the law. Further, please note that the magistrate takes cognizance of the offence and not the offender. Therefore magistrate will take cognizance provided the offence is made out and the question of referring it to BCD does not arise.
Complaint case against a lawyer is maintainable. Further you can draw the attention of the Bar Council for misconduct of the lawyer by filing petition before the council.
Bar Council can only deal with complaints of misconduct.
For criminal complaint, one need to approach the Magistrate in whose jurisdiction offence was committed
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