Accused to be appointed as prosecution lawyer

25-Mar-2023 (In Criminal Law)
Can any accused be appointed as Prosecution Lawyer ?
Answers (2)

Answer #1
661 votes
I've got the good feeling that the question in itself is incorrect.

1. When you say the accused be appointed as a prosecution lawyer. That means, that he's prosecuting himself , which I'm quite certain is impermissible under law ! (to either give evidence against yourself, or being appointed as counsel to prosecute oneself :))

2. If you mean that whether a lawyer who is accused, but not yet convicted, take up cases. Then yes. the lawyer is allowed to take up matters as no conviction has taken place. Furthermore, even if the lawyer has been convicted post enrollment, in certain cases he will be disqualified for a period of two years. It is only in cases where he has obtained conviction prior to enrollment where an issue arises.

3. Thirdly, if you mean to say whether an accused can represent himself in a lawsuit as a lawyer ( Defendant Lawyer) then yes, he is allowed to appoint a counsel of his choice and may even represent himself in a manner which he terms befitting to himself. As a general practice though, and barring any implied vested interests, I would always advise that it's better to be in touch with a lawyer who understands the nuances of Court practice than being Bambi in the headlights.
Answer #2
660 votes
There are many false accusations made and false cases filed against the innocent persons. The law also assumes a person innocent till he is proved guilty by due process of law. With all these clarity, there is no hindrance in person becoming a prosecution lawyer, if he is eligible for it.

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