The Advocates Act, 1961 provides the law relating to the working of Legal Practitioners. As per Section 29 of the Act, Advocates are the only recognized class of persons entitled to practice law. Section 30 of the Act states that Advocates whose names are registered in the state roll are entitled to practice in all Courts including the Supreme Court before any tribunal or person legally authorized to take evidence, and before any other authority or person before whom the person is entitled to practice.
However, Section 32 gives power to any Court, authority or person not enrolled as an advocate to appear before him in any particular case. In the case of Harishankar Rastogi vs. Girdhari Sharma AIR 1978 SC 1019, it was held that any party before presenting themselves as an advocate should seek from the Court. The Court even after giving permission can withdraw it half way if it thinks fit it in the interest of justice.
Section 2(q) of the Criminal Procedure Code, 1872 a pleader means any person who is authorized by law to practice in any Court and includes any person who is appointed by the Court to act in such proceeding.
The consent of the parties is also important to factor while giving permission to a non-lawyer to appear in Court as an Advocate. If the party agrees and the Court gives permission then only a non-lawyer can appear in a court as an advocate.
An Agent cannot become a party in the criminal proceedings
In T.C. Mathai & Anr. vs. the District and Sessions Judge 1999 3 SCC 614, it was held that an agent can appear in the Court if the party takes the permission from the Court. The right to practice is different from that of the right to appearance. The right to practice is the right to practice law as a profession before ant Court, tribunal or authority while a right of appearance is the right given to any person under Section 32 of the Advocates Act to appear before the Court, tribunal or any authority.
As per Section 45 of the Advocates Act the person who practices in any Court but is not entitled to do so will be punished with the imprisonment of upto a term which may extend to six months.