Can we Fight our own case in Court Without A Lawyer?

You must have wondered if you can fight your own case in the Court, like we see in movies and Tv serials? 

It may look interesting or fancy in that fictional or fantasy world of movies or Tv serials but it is not that easy in this real world. we will be discussing all aspects including legal aspects related to this in this present post.

Statutory Provisions

Before we proceed further, we should discuss Legal practice laws in India. Legal Practice in India is governed by the Advocates Act 1961 that provides for laws related to legal practice in India.

Advocates Act, 1961 - This act prescribes all the laws related to legal practitioners, Lawyers, advocates in India and it also provides for the constitution of Bar Council of India (BCI) and state bar councils which regulates many things connected to legal practice and practitioners in India on Central and State level. Apart from Advocates Act, 1961 BCI rules also lay down rules for practice, legal education and professional ethics that are required to be followed by legal practitioners.

Section 33 of the Advocates Act, 1961

33. Advocates alone entitled to practise. - Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any Court or before any authority or person unless he is enrolled as an advocate under this Act.

Section 33 makes it clear in unambiguous words that Advocates who are enrolled under the act, alone are entitled to practice in the Court. Advocate is that person who has studied law from some recognized university and thereafter, enrolled himself with the bar council under the Advocates Act, 1961.

This means, only Advocates are entitled to practice before courts? and one can't fight his own case before the court as we see in movies, Tv Serials, etc? well no, we have yet another provision in the Advocates Act, 1961 itself.

Section 32 of the Advocates Act, 1961

32. Power of Court to permit appearances in particular cases. - Notwithstanding anything contained in this Chapter, any Court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

Section 32 gives power to the court to permit any person who is not enrolled as an advocate to appear before it. Therefore, it is the court's discretion, the court may allow you to fight your own case.

It is to be considered, one cannot ask for this as a matter of right as the provision is not mandatory but directory. It is within the discretion of the court whether to grant permission to appear before it or not.

Provisions as per Procedural Laws

Civil Law in India is governed by The Code of Civil Procedure, 1908