Pursis of Defense Lawyer

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    • #1208

      Sir, Junior Lawyer (a team member of Lawyer of the accused) submitted following pursis in the Court:

      “Pursis on behalf of accused is as under:
      That undersigned advocate doesn’t want to examine the accused as a defence witness.”

      So, does it mean that the accused is no more a witness now in the case? Or it means junior lawyer does not want to examine, but the senior one will examine subsequently at some later stage of the case.

      Please guide, thanks and regards.
      Praveen

    • #1209

      Even if there are more than one advocates appearing for an accused, they are considered as one unit. It cannot happen that one advocate takes one stand and another advocate takes another stand for the same accused, since both of them are representing the same person. So, even where there is a joint Vakalatnama on behalf of a single accused person, which has been signed by more than one advocate, they have to take a joint stand and they cannot take different stand for the same accused.

      Secondly, citing accused person as a witness is only optional. It is not compulsory. In fact, generally an accused person is not produced as a witness. It is quite rare to produce an accused person as a witness in his own case. If the accused appears as a witness, then the public prosecutor gets a right to cross-examine the accused, which can sometimes become a double-edged weapon. So, usually, the defence advocates do not want to cite the accused person as a witness.

      Rest of things you can ask from your advocate, because I don’t know what exactly is their intention or plan.     


      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. List of his Quora Answers. List of his YouTube Videos.

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