Supreme Court: Advocates Not Liable for Contents of Affidavits They Attest

The Supreme Court has ruled that an advocate who merely attests an affidavit cannot be held responsible for the veracity of its contents, dismissing a malicious complaint filed against a lawyer.

The bench emphasised that the advocate's role is limited to verifying the identity of the deponent and not the factual accuracy of the statements made.

The Court further found that the BCMG's decision to register and pursue the complaint amounted to an “illegal” and “perverse” exercise, resulting in malicious prosecution of the advocate.

It imposed ₹50,000 each on the complainant and the BCMG, directing the total cost of ₹1 lakh to be paid to the advocate within four weeks.

[Bar Council of Maharashtra and Goa v Rajiv Nareshchandra Narula and others]