Wednesday 21 October 2020

The Oath by a Lawyer

 In India , The Oath Act, 1969 states:

(1) Oaths or

affirmations shall be made by the following persons, namely:—

(a) all witnesses, that is to say, all persons who may lawfully be examined, or give, or be required

to give, evidence by or before any court or person having by law or consent of parties authority to

examine such persons or to receive evidence;

(b) interpreters of questions put to, and evidence given by, witnesses; and

(c) jurors: 

The Oath Act beleives that Lawyers who represent their clients are honest and speak un manipulated truth.

In a interview Late Ram Jethmalani stated about defending guilty clients"

..........why does a lawyer have to defend the person who tells him that I am guilty the reason that a lawyer can very legitimately advance is that it is society which has made a rule that nobody should be convicted or punished without adequate convincing evidence that you argue a case for a person who has told you in private that he has committed the offense what you are telling the court is not your you are not swearing on oath that I know that my client is innocent you don't have to do anything of any that .....professional mis conduct what you are telling the court is that the evidence on what my client is being convicted does not satisfy the standards what you have laid down for everybody you point out the defects in the evidence and leave it to the judge to decide....

  • Is not the lawyer delaying the process of judgement by:
    • Not disclosing the truth to Judge
    • Wasting courts time in delivering Justice to the person filing suit
    • Wating time of witnessess and harassing them in the name of questioning them
    • Unnecessary cost to Government and others
  • Why Lawyers are not on oath for:
    • Divulging the truth about cofession by the guilty and not waste courts time
Has there been a single instance where a top lawyer is fined for hiding / manipulating the truth. Or they are talented enough to safeguard themselves from such pitfalls.

If this is the base on which lawyers take cases and defend guilty persons then the Oath Acts needs to be re-looked into as a lawyer states that it is the society which has provided him a way.

As a part of the society it is necessary we should close that way for the Lawyers.

An unfortunate truth.



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