Amendment in CrPC — HC seeks Law Ministry’s reply

PRESS TRUST OF INDIANEW DELHI, JANUARY 9: The Delhi High Court has asked the Union Law Ministry, Delhi Government, Bar Council of India an...

PRESS TRUST OF INDIANEW DELHI, JANUARY 9: The Delhi High Court has asked the Union Law Ministry, Delhi Government, Bar Council of India and other lawyers’ bodies here to make their stand known on a plea seeking amendment to the Criminal Procedure Code (CrPC), Evidence Act and Advocates Act allowing victims to appoint lawyers in criminal cases.

Under the CrPC provisions, a victim of the crime is not allowed to appoint an independent counsel as the crime is always considered to be committed against the state which is duty-bound to protect the lives and rights of its citizens, and it is the duty of prosecutor to ensure punishment to those who violate the laws.

A division bench, comprising Justice Devinder Gupta and Justice S K Aggarwal, issued notices to the Law Ministry, the State Government, BCI, Bar Council of Delhi and Delhi Bar Association and directed all respondents to file replies by April five, the next date of hearing.

The notices were issued on a petition by advocate R L Choudhary, who alsosought laying down of code of conduct for lawyers, saying that "no one is interested in disciplining the advocates and the poor public suffer". The duty of an advocate was to protect an "honest" client and help the court decide the case of merit, Choudhary said, adding the Evidence Act should also be amended to ensure that a counsel conceals no facts.