Delhi High Court in the matter of RS v. NCT Delhi held that FIRs should not be registered against law students if they pose as lawyers before courts, instead they should be counselled.
Facts of the case – A third year law student appeared before court of Metropolitan Magistrate, Dwarka as a proxy counsel and sought adjournment after being instructed by the advocate. He was not wearing any band or lawyer robes.
While the Principal District and Sessions Judge,Dwarka refused to take any action as the petitioner was a law student, FIR was registered against him after a compliant by Secretary of Dwarka Court Bar Association under sections 419 (Punishment for cheating by personation), 177 (Furnishing false information) and 209 (Dishonestly making false claim in Court) of I.P.C.
Delhi High Court said that none of the above mentioned sections are being attracted in the present case . It is not the case where an intern was wearing robes and stated that he is an advocate. Petitioner also stated that he is an intern and gave his ID proof upon demand . Out of nervousness he stated that he is a “proxy”. It is a bonafide mistake since the word “proxy” ” is used informally in Courts for an Advocate who is not on record and appearing before the Court.
Finding that law intern was not having any mala fide intention Delhi High Court quashed the FIR as none of the section of IPC were attracted . However, Court directed that no law student should appear before court until she/he has been enrolled with Bar and law interns must be cautioned in this regard.