Anonymous
Asked September 23, 2016

Can one file a case in the Supreme Court without an advocate?

  • 1 Answer
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Can one file a case in the Supreme Court without an advocate?

Answer 1

Yes, a case can be filed before the Hon’ble Supreme Court of India without an advocate. It is generally preferred that a pleader should represent the interest of a party before such a high forum as they have been in the field for too long and are well versed with the complexities of this profession as well as the court procedures.

But, if you are confident and think that you can handle your case, then you can file your case as a ‘petitioner in person’. The practice that a party can represent its own interest before a court is not foreign to our country and has a solid legal backing. In this regard, if the matter is of civil nature, then the relevant provision in this regard is Order III Rule1 of the Code of Civil Procedure, 1908 which goes as under-

“1. Appearances, etc., may be In person, by recognized agent or by pleader.- Any appearance, application or act in or to any court, required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

Provided that any such appearance shall, if the court so directs, be made by the party in person.”

And, if the matter is of criminal nature, then the provision is mentioned under Section 302(2) of the Code of Criminal Procedure, 1973 which goes as under-

“Permission to conduct prosecution

  • Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:
  • Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

  • Any person conducting the prosecution may do so personally or by a pleader”
  • Further, a case can now be filed by you as a Petitioner-in-Person through e-filing from your home and you do not have to visit the court for the same. The Hon’ble Supreme Court was the first court in India to provide such e-filing facilities. The e-filing can be made by you using the following link- http://sc-efiling.nic.in/sc-efiling/login.jsp . The same is a simple step by step process. Being a Petitioner-in-Person you need to first select ‘in person’ from options and then fill in details of your address, contact details, email-id submit and submit a valid id proof after which you will receive your login id and password. After logging in you have to accept the disclaimer and then select ‘file a new case’. Use the ‘modify’ option to make changes to an already filed e-case. Also, the court fee can be paid through the debit or credit card. For a detailed explanation you can also refer to- http://www.sc-efiling.nic.in/sc-efiling/index.html.

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