Why You Should Not Read Street Smart Laws
28 Sep 2026
Why lawyers defend people without defending the wrongdoing
A lawyer’s job can look confusing from the outside. If a lawyer represents a person accused of a terrible crime, people often ask: does the lawyer support what the client did?
Short answer: no. A lawyer defends rights, tests evidence, and helps the court follow the law. That is very different from approving the act. This is where the old line fits beautifully: hate the sin, not the sinner.
In simple terms, the law asks us to judge actions through evidence and procedure, not through anger, gossip, or public pressure. That may sound less dramatic than a movie courtroom scene, but it is how justice stays justice.
Why This Topic Matters
In India, it is common to see public outrage after a serious allegation. Sometimes the anger is understandable. But the legal system cannot run only on anger. It must run on proof.
If lawyers start refusing unpopular clients simply because society has already decided they are guilty, then trials become theatre. The courtroom stops asking, ‘What can be proved?’ and starts asking, ‘Who is hated today?’ That is dangerous for everyone.
Lawyer Advocate Judge What Is the Difference
The attached book page makes a useful point. A lawyer is generally someone who has studied law or is studying law. An advocate is a lawyer who is enrolled and licensed to practise in court. Judges are also trained in law, so you can say judges are lawyers, but not all lawyers are judges.
Under the Advocates Act, 1961, advocates are the recognised class of persons entitled to practise law. Section 30 says an advocate whose name is on the State roll has the right to practise before courts, tribunals, and certain authorities.
So when people say ‘lawyer’ casually, they may mean many things. But when we discuss courtroom defence, we are usually talking about advocates who appear and argue before courts.
A Lawyer Is Not a Consigliere
The book page jokes about the word consigliere, made famous by Western pop culture and mafia films. A consigliere advises one powerful client from the inside. That is not what an ethical lawyer is supposed to become.
A lawyer may advise a client about the law. A lawyer may defend a client in court. But a lawyer must not become a conspirator. There is a big difference between defending a person against an allegation and helping that person commit, hide, or repeat wrongdoing.
This is the practical meaning of ‘hate the sin, not the sinner’ in legal life. The lawyer can challenge the case, question evidence, and protect rights without becoming friends with the offence.
What Indian Law Says About Defence
Article 22(1) of the Constitution gives an arrested person the right to consult and be defended by a legal practitioner of their choice. Article 39A also speaks about equal justice and free legal aid.
BNSS Section 341 says that if an accused person does not have sufficient means to engage an advocate in a trial or appeal before a court, the court shall assign an advocate for the defence at State expense.
The Bar Council of India Rules also say that an advocate is generally bound to accept briefs in courts or tribunals where they practise, for a fee consistent with their standing and the nature of the case. Special circumstances may justify refusal.
At the same time, the advocate must conduct themselves properly before the court and must not help the client use unfair or illegal methods. The duty is to defend lawfully, not to become part of the wrongdoing.
The Supreme Court Has Said This Clearly
In A.S. Mohammed Rafi v. State of Tamil Nadu, the Supreme Court criticised Bar Association resolutions that tried to stop lawyers from defending particular accused persons. The Court said that every person has a right to be defended in court, even if society strongly dislikes them.
That principle is not about being soft on crime. It is about being serious about justice. If the prosecution has evidence, it must prove the case. If the accused has a defence, the court must hear it. A lawyer helps that process work.
What Lawyers Actually Do
A defence lawyer does not need to say, ‘My client is a wonderful person.’ The real job is more disciplined than that.
• Check whether the police followed the law.
• Study the evidence and point out gaps.
• Cross-examine witnesses fairly.
• Make sure the accused understands the case.
• Argue for bail, fair procedure, or acquittal where the law supports it.
• Advise the client without encouraging lies or illegal conduct.
That is why lawyers keep learning from difficult situations. As the book page says, lawyers study, observe, and practise. Practice does not wait for perfect problems to arrive neatly wrapped. It often comes through messy human situations.
Common Mistakes People Make
• Thinking that defending an accused person means supporting the alleged crime.
• Assuming a person is guilty only because the allegation is serious.
• Believing that unpopular people should not get lawyers.
• Forgetting that today’s unpopular accused may be tomorrow’s falsely accused person.
• Expecting lawyers to become moral judges instead of legal representatives.
What We Should Remember
Justice does not mean liking everyone. It means following a fair process even when the person in front of us is difficult, unpopular, or accused of something ugly.
A good lawyer does not have to love the client, approve the act, or become part of the story. The lawyer’s job is to make sure the case is tested properly. Hate the sin, if you must. But do not destroy the process that protects the sinner, the innocent, and the rest of us too.
FAQs
1.Does a lawyer support a crime by defending the accused?
No. A lawyer supports the legal process. Defending an accused person is not the same as approving the alleged act.
2.Can an accused person choose a lawyer in India?
Yes. Article 22(1) of the Constitution protects the right to consult and be defended by a legal practitioner of choice, subject to legal procedure.
3.What if the accused cannot afford a lawyer?
BNSS Section 341 provides for legal aid at State expense in certain trials and appeals when the accused lacks sufficient means.
4.Can lawyers refuse cases?
Special circumstances may justify refusal. But professional conduct rules generally expect advocates to accept briefs in courts where they practise, for a proper fee and subject to availability and ethics.
5.Can a lawyer help a client lie?
No. A lawyer may defend the client lawfully, but must not become part of false evidence, illegal conduct, or conspiracy.
Final Word
If this helped you understand why lawyers defend unpopular people, share it with someone who thinks courtrooms run on personal approval. For more simple legal explainers, follow Street Smart Laws and explore the book.
