Tuesday 14 November 2023

Can rights of the accused be waived by his Advocate?

  In India, the rights of the accused cannot be waived by the advocate without the express and informed consent of the accused. The accused person is the primary holder of their legal rights, and these rights are considered fundamental and inalienable. The advocate's role is to provide legal advice and representation, but they must act in accordance with the instructions and decisions of their client, the accused.

The accused has the right to make important decisions in their case, including whether to plead guilty or not guilty, whether to exercise the right to remain silent, and whether to request specific legal procedures or protections. These decisions can significantly impact the outcome of the case, and it is the accused's prerogative to make them. The advocate can provide guidance and advice, but the ultimate decision is made by the accused.

It is essential for the accused to fully understand their rights and the implications of any decisions they make in their case. If an advocate were to act contrary to the wishes of their client or waive rights without proper authorization, it could raise ethical and legal concerns, potentially leading to claims of ineffective assistance of counsel or violations of the accused's constitutional rights.

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