'No Person Can Practise As Advocate Without Enrolment': Rajasthan High Court Imposes ₹50,000 Costs On 'Fake Lawyer'
The Rajasthan High Court has imposed a cost of Rs. 50,000/- on a man accused under Section 319(2) BNS, for representing himself to be an advocate without enrolment with the Bar Council and making appearances before the trial court.
Section 319(2) prescribed punishment for the offence of cheating by personation.
The bench of Justice Ravi Chirania opined,
"No person can be permitted to practise as an Advocate or represent himself as an advocate unless until he is duly enrolled with the respective Bar Council of State in accordance with the provisions of the Advocates Act, 1961."
For context, the Court was hearing a quashing petition for an FIR against the petitioner, who had allegedly, presented himself as an advocate before courts in certain matters and had also made certain filings, without having any bar enrolment.
The petitioner trying putting forth arguments to defend his conduct, however, after some time, a prayer was made to withdraw the petition which was denied by the Court.
The Court took note of the allegations as well as the fact that on one occasion, while he was appearing in a trial court and the advocates tried to apprehend him, he managed to escape by climbing over the wall of the concerned court's premises. Post this incident, the FIR was filed.
The Court further observed that the prayer made by the counsel for the petitioner, seeking withdrawal of the petition, further affirmed the allegations.
Opining its non-inclination to exercise powers under Section 528, BNSS, the Court dismissed the petition with a cost of Rs. 50,000/- on the petitioner, to be deposited in the Rajasthan High Court Advocate Clerks Association, within 1 (one) month.
Title: Surendra Singh v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 374