#advocate liability

Patna HC quashed cognizance against a 35-year panel advocate for UCO Bank, holding that bona fide title opinions on loan properties cannot attract criminal liability under IPC Sections 406, 420, 467, 468, 471, and 120B absent mala fide or conspiracy. Legal opinions are advisory and non-binding; prosecuting advocates for genuine professional advice strikes at the justice delivery system.

The Gujarat High Court discharged an advocate from POCSO and forgery charges, holding that merely advising marriage registration without actual knowledge of the victim’s minority or involvement in document fabrication cannot amount to a prima facie offence. This clarifies the boundary between professional legal assistance and criminal liability, offering critical protection to lawyers acting in good faith in sensitive family matters.