Bailabel Type : bailable

Description

Section 93 of the Code of Civil Procedure (CPC) deals with the powers and jurisdiction of the Advocate-General outside the presidency towns in India, specifically regarding the filing of suits and petitions. The section is intended to enable the Advocate-General (or a person appointed by them) to carry out their duties effectively and perform certain legal functions even in areas that are not within the jurisdiction of the presidency towns like Mumbai (formerly Bombay), Chennai (formerly Madras), and Kolkata (formerly Calcutta).

Key Provisions of Section 93:

1. Role of Advocate-General:

   • The Advocate-General is the chief legal advisor to the State and typically represents the government in legal matters. The section emphasizes the role of the Advocate-General in providing legal services, filing suits, and taking legal actions on behalf of the State.
   • In presidency towns, the Advocate-General’s powers and role are clearly defined, but Section 93 extends the ability of the Advocate-General to exercise similar powers in areas outside of these towns.

2. Exercise of Powers Outside Presidency-Towns:

   • Section 93 specifically states that the Advocate-General (or any substitute they may appoint) can exercise their powers outside the presidency towns, particularly when performing tasks that are usually carried out in these areas, such as:
     • Filing suits and petitions on behalf of the State.
     • Appearing in court in matters where the State is a party.
     • Initiating legal proceedings or taking steps for the enforcement of government interests.

3. Appointment of a Substitute:

   • In cases where the Advocate-General cannot be physically present or needs assistance outside of the presidency towns, they are allowed to appoint a substitute. This substitute would have the authority to perform the legal functions and duties of the Advocate-General in that region, ensuring continuity and proper legal representation.

4. Purpose and Scope:

   • The purpose of Section 93 is to ensure that legal representation for the government remains consistent across the country, even in areas that are not within the formal jurisdiction of the presidency towns.
   • It allows for smooth functioning and legal actions to be taken by the State, regardless of geographic location.

5. Extension of Powers:

   • The section extends the powers of the Advocate-General in the sense that it removes geographic limitations. Normally, the Advocate-General may only appear in courts within certain jurisdictions, but this section allows for a wider application of their powers and functions across different states and regions of India.

Punishment

Section 93 of the CPC does not prescribe specific punishments or penalties. It is a procedural provision that clarifies the legal scope of the Advocate-General’s role outside presidency towns. However, there are potential consequences related to improper exercise of powers:

1. Failure to Comply:

   • If the Advocate-General or their substitute fails to exercise their powers properly or acts outside the scope of their authority, they could face disciplinary action under the relevant legal provisions governing legal professionals.

2. Representation Issues:

   • If an appointed substitute fails to represent the State properly in the absence of the Advocate-General, it may result in adverse judgments or delay in legal proceedings, potentially impacting the legal rights of the State.

3. Accountability:

   • The Advocate-General is accountable for ensuring that the legal interests of the State are represented adequately. Misuse of this power outside presidency towns could lead to legal consequences under professional misconduct rules.