The Patna high court ruled that a legal professional cannot be criminally prosecuted merely for rendering a professional legal opinion to a client.
Because his opinion turned out to be incorrect or if a court later took a different view of the law,” the bench observed. Invoking Supreme Court precedents such as CBI v, an Advocate can never be penalised for tendering his opinion simply. “It does not have any binding effect; rather, it is only of persuasive value for the client to whom it is tendered. It is merely advisory in nature and actually serves as a guided risk assessment, having no evidentiary value in the law. K. Narayana Rao and Surendra Nath Pandey v. State of Bihar, the Court reiterated that a lawyer owes unremitting loyalty to a client’s interests, but cannot be prosecuted for criminal conspiracy or cheating without tangible evidence linking them to an active plan to defraud. The court disapproved the trial court’s mechanical practice and emphasised that taking cognisance is a solemn judicial act requiring active application of mind, not a clerical formality.
Although the bank’s written report specifically sought action against defaulting borrowers, guarantors, and bank officials, the petitioner—a seasoned panel advocate with over 35 years of standing at the Bar—was also included in the police chargesheet and subsequently summoned by the trial court under various sections of the IPC, including cheating, forgery, and criminal conspiracy.
