Advocate cannot be prosecuted For Criminal Offences For Not Exhibiting Greater Professional Care

Subha Jakkanwar vs State of Chhattisgarh (High Court Chhattisgrh)

An Advocate cannot be prosecuted for criminal offences for non-­exhibiting greater professional care and competence while submitting non­-encumbrance certificate to a Bank.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

1. The short question that emanates for consideration is, whether an Advocate acting professionally and in discharge of his / her professional duty renders an opinion by giving non­encumbrance certificate to bank for granting loan to a borrower certifying that he has legal and marketable title over the land in question free from all encumbrances and subsequently, the same is found to be non­acceptable / untrue, can be prosecuted / criminally liable for offence punishable under Sections 420, 467, 468, 471 & 120B of the IPC for non­exhibiting greater professional care and competence?

2. The above­stated question arises on the following factual background: ­

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