Criminal case pending ,can I enrolled under Bar Council, apply in upsc&judiciary

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  • #3585

    Pending criminal case ipc u/s 34,323,341,427,506 , will I get my registration in Bar Council of India , Getting my llb degree next year , can I apply for upsc & judiciary , is it effect if I settled out with compromise, and what if I Will be convicted

  • #3587

    Section 24-A of the Advocates Act, 1961, deals with the question asked by you:

    24-A. Disqualification for enrolment.—(1) No person shall be admitted as an advocate on a State roll—

    (a)if he is convicted of an offence involving moral turpitude;

    (b)if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955);

    (c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.

    Explanation.—In this clause, the expression “State” shall have the meaning assigned to it under Article 12 of the Constitution:

    Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be, removal.

    (2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).”

    Therefore, conviction in an offence involving moral turpitude, etc., may make you ineligible for enrolment as an advocate. Find out – What is meant by moral turpitude?

    On the face of it, the offence mentioned by you does not appear to be an offence involving moral turpitude, however, it would depend on the detailed facts.

    In the application form for enrolment as an advocate, questions would be asked relating to conviction in a criminal case and pendency of a criminal case. You should truthfully answer those questions. Chances are that pendency of a criminal case may not come in the way of getting enrolled as an advocate. But, after conviction, it may create problems.

    More or less similar situation would prevail for getting a Government job during pendency of a criminal case.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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