All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

Practice Mode:
66.

Which of the following statements does not describe a duty of an advocate?

A: An advocate should not appear in a case in which the advocate believes that she will be a witness.
B: An advocate shall defend a person accused of a crime, regardless of the advocate's personal opinion as to the guilt of the accused.
C: As advocate has a duty to protect any information that the client communicates, even if it is in furtherance of an illegal purpose.
D: An advocate must not, at any time, foment litigation.
E: An advocate must act only on the instruction of the client, and no one else.

The answer is: C

<< Previous Question
Next Question >>

Explanation

Here are the duties of an advocate in India, as per the Advocates Act, 1961

1. Duty to uphold the dignity and decorum of the court.
2. Duty to maintain confidentiality and protect the interests of the client.
3. Duty to act in a manner that is consistent with the best interests of the client.
4. Duty to not disclose any information that is communicated by the client.
5. Duty to not appear in a case in which the advocate believes that she will be a witness.
6. Duty to not foment litigation.

Based on these duties, option C. does not describe a duty of an advocate. An advocate does not have a duty to protect any information that the client communicates, even if it is in furtherance of an illegal purpose.

Therefore, option C is the correct answer.