Q1. Define contempt of court. Explain the kinds of contempt under the Contempt of Court Act.

Definition

“The term ‘Contempt of Court’ is a generic term descriptive of conduct in relation to proceedings in a
court of law which tends to undermine that system or to inhibit citizens from availing themselves of it
for the settlement of their disputes”. This definition is given by Lord Diplock when he was giving the
judgment in the case of Attorney-General v. Times Newspapers Ltd.

This term Contempt of Court can be easily understood as when we are disrespectful or disobedience
towards the court of law which means that we wilfully fail to obey the court order or disrespect the
legal authorities. Then the judge has the right to impose sanctions such as fines or can send the
contemnor to jail for a certain period if he is found guilty of Contempt of Court.

This term can also be understood in terms of the freedom of limits of the judicial proceeding. As we
know that all judges in courts can give judicial proceedings which have a certain limit in which it has
the freedom to make any judicial proceeding and anything which curtails or stops it in making any
judicial proceeding which is of necessity can amount to contempt of court.

Halsbury, Oswald, and Black Odgers have also given the definition of Contempt of Court and in
addition to that, they have talked about its misuse and its wrong interpretation and also its broad
prospectus.

In India, the concept of Contempt of Court is defined in Section 2(a) of the Contempt of Courts Act,
1971 which has broadly describe it as civil contempt or criminal contempt.

There are two Articles in the Constitution of India which talk about the Contempt of Court and these
are Article 129 and Article 142(2) .

Article 129

Article 129 says that the Supreme Court shall be the ‘Court of Record’ and it has all the powers of
such courts including the power to punish for contempt of itself.
Now, we should know about the meaning of ‘Court of Record’ to understand why anything
commented wrongly against the decision of the courts leads to Contempt of Court.

Here, is the answer to this question. The ‘Court of Record’ means a Court having its acts and
proceedings registered for everlasting memory or that memory which has no end and as evidence or
proof. The truth of these records cannot be questioned and also these records are treated as a higher
authority. And anything stated against the truth of these records comprised Contempt of Court.

Article 142(2)

This article also talks about Contempt of Court. This Article says that when any law is made by the
Parliament on the provisions mentioned in clause 1 of this Article, the Supreme Court has all the power
to make an order for securing any person’s attendance, production of any documents or has the power
to give punishment to anyone for its contempt.

This also does not mean that the Supreme Court can do anything against the right of personal liberty
if it has the power to punish for Contempt of Court. We know that it is the guardian of all the rights
that we get from the Indian Constitution so it has to safeguard these rights and cannot violate these
rights itself.

Origin of Contempt of Court

The legal system that we see today is the summit of the long journey which has started from the divine
rule that was in proclamation to the natural law and further to the positive law that we see today.
Contempt of Court is a matter which regards that justice should be administered fairly and it also
punishes anyone who aims to hurt the dignity or authority of the judicial tribunals. This law has its
origin from the medieval times when the royal powers of the monarch were transferred to the court
and at this time the monarch was believed to be appointed by God and everyone was accountable to
him. This power of accountability clearly depicts the same accountability the Supreme Court possesses
nowadays under Article 129 and 142 of the Indian constitution against its contempt. In the English
medieval ages, the Judiciary was an important tool of the Monarch. At that time these judges and
legislatures were representatives of the divine rule monarchy and these judges and legislatures played
an important role in legitimizing the functions of these monarchs. The king was the superior head of
justice and this power he has given to the judicial system and if anyone or the king himself disrespect
or question the courts it became a challenge to the superiority of the king and as well as to his wisdom.
So, this can be seen as although the source of the law has transformed in the society the
unqQuestionability quality that a king enjoyed was upheld by the monarchy. There is a case of
contempt against J. Almon in the year 1765; a statement was made by the Irish judge Sir Eardley
Wilmot regarding this contempt attacks on the judges. In this case, Almon has published a pamphlet
libelling the decision of the bench of kings and the judgment given by the judge had given rise to many
questions of several aspects of the judiciary which had not been questioned yet. This matter gives a
great push in the establishment of the contempt of court. This judgement also recognised that the
unbiasedness is also one of the features of the judiciary in making the decision which makes this
institution different from its peer institutions.

History of Law of Contempt in India

Sanyal Committee report deals with the historical aspect of the Law of Contempt in India. This
committee has been responsible for starting the amendment process in this law. The law of contempt
similar to many other laws has been brought from the English laws and statutes but this law has not
been absolutely taken from the English laws it has other origins too. How has the indigenous
development of contempt law taken place? It can be understood by the age-old system which our
country was having to protect court or assemblies (sabhas) in the past. We know about the philosopher
Kautilya, in his book Arthashastra has written about the governance at that time. He has written that
“Any person who exposes the king or insults his council or make any type of bad attempt on the kings
then the tongue of that person should be cut off.” Adding to this statement, he also said that “When a
judge threatens, bully or make silence to any of the disputants in the court then he should be punished.”

Until the year 1952, there were no statutory provisions for the contempt of court in India but after the
enactment of Contempt of Court Act, 1952 statutory provisions for contempt of court in India has
established. This Act extends to the whole of India except Jammu and Kashmir. This Act gives power
to the High Court to punish contempt of the subordinate court. This Act has repealed the existing law
from the Contempt of Court Act, 1926 that was prevailing in the state of Rajasthan and the state of
Saurashtra. Although this Act was extended to the whole of Bangladesh. It can be surprising knowing
that although these Acts have been introduced earlier then also these Acts do not give the definition of
the term ‘Contempt’ and there was still a lot of ambiguity present around the law of contempt. This
law must be dealt with considering two fundamental rights given by our Indian Constitution and these
rights are (i) freedom of speech and expression and (ii) right to personal liberty.

There was a bill introduced in the Lok Sabha to make any changes or to make the existing law relating
to contempt stronger. This law was introduced by Shri B B Das Gupta on 1st of April 1960. The
government after examining the bill discern the need for reform in the existing Act. So, they made a
special committee to look into the matter or inspect the existing Act. This committee was set up in
1961, under the chairmanship of H.N. Sanyal which gives its report on 28th February, 1963. The report
of this committee took the form of Contempt of Court Act, 1971. The procedure and application of
enactment something that was done earlier by the Contempt of Court Act of 1926 and 1952 was given
several changes through the Contempt of Court Act, 1971. This Act segregates the ‘Contempt of Court’
into criminal and civil contempt with their definition respectively. This thing was not mentioned in the
earlier existing courts. Now, let us know something about the Contempt of Court Act, 1971.

Contempt of Courts Act 1971

This Act extended to the whole of India and it has also provided that this Act shall not apply to the
state of Jammu and Kashmir except in certain conditions in which the provision of the Act is connected
to the Contempt of Supreme Court. Another thing is that this Act provides the definition of Contempt
of Court which has not been given by the earlier Act of Contempt of Court. This Act under Section
2(a) defines Contempt of Court as ‘Civil Contempt’ and ‘Criminal Contempt’. There is a case
of Noorali Babul Thanewala v. K.M.M. Shetty [2] in which an undertaking was given to a Court in
civil proceedings by a person, on the faith that undertaking was correct the Court sanctions a course
of action in regard to that undertaking but the undertaking seems to be incorrect. Hence, this was
considered as misconduct and amount to Contempt of Court. In this act there are several provisions
given that it does not amount to Contempt of Court. Although, these provisions have to be discussed
later in this article some of them you should know at this point in time. These are: (i) innocent
publication of a matter or its distribution does not amount to Contempt of Court. (ii) publishing of fair
and accurate reports of the Judicial proceedings does not amount to Contempt of Court. (iii) fair
criticism on judicial acts does not amount to Contempt of Court. Next, in this Act, the High Court has
been given the power to make decisions on the matter which is outside its jurisdiction. Punishment for
Contempt of Court has been given in this Act and also what type of misconduct not amount to
Contempt of Court has been given, how we can deal with that contempt has also been given. The
Judge, Magistrate or any other person who is acting judicially can also be contempt for their
actions. Also, this Act gives certain limitations where this Act does not apply. This Act does not apply
to the Courts of Nyaya Panchayat and other Courts of the village. This Act repealed the old existing
Act of Contempt of Court which came into force in 1952.

Essentials of Contempt of Court

If a person named Akash has to prove that the other person named Sita is guilty of committing an act
which is an offence in a court of law. Then he has to show the court that the offence which Sita has
done is fulfilling the essential required to commit that act or not. If the essentials of that will be fulfilled
then he will be liable for that act. Similarly, every offence has certain exceptions that has to be fulfilled
for making the person liable for doing that act. Contempt of Court also has certain essentials and these
are as follows:

1. Disobedience to any type of court proceedings, its orders, judgment, decree, etc should be
done ‘willfully’ in case of Civil Contempt.

2. In Criminal Contempt ‘publication’ is the most important thing and this publication can be
either spoken or written, or by words, or by signs, or by visible representation.

3. The court should make a ‘valid order’ and this order should be in ‘knowledge’ of the
respondent.

4. The action of contemnor should be deliberate and also it should be clearly disregard of the
court’s order.

These essentials should be fulfilled while making someone accused of Contempt of Court.

Types of Contempt of Court in India

Depending on the nature of the case in India, Contempt of Court is of two types.

1. Civil Contempt

2. Criminal Contempt

Civil Contempt

Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful disobedience to the
order, decree, direction, any judgment or writ of the Court by any person or willfully breach of
undertakings by a person given to a Court. Since Civil Contempt deprives a party of the benefit for
which the order was made so these are the offences essential of private nature. In other words, a person
who is entitled to get the benefit of the court order, this wrong is generally done to this person.

There is a case on the willful disobedience of the court order which a person should know. Utpal
Kumar Das v. Court of the Munsiff, Kamrup This is the case of non-rendering of assistance, although
the court has ordered to render assistance. Decree executed by the court to deliver immovable property
but because of certain obstruction, the defendant failed to do so. Hence, he was held liable for
constituting disobedience to the orders of the competent Civil Court.

Defences to Civil Contempt

A person who is accused of Civil Contempt of case can take the following defences:

 Lack of Knowledge of the order: A person can not be held liable for Contempt of Court if he
does not know the order given by the court or he claims to be unaware of the order. There is a
duty binding on the successful party by the courts that the order that has passed should be
served to the Individual by the post or personally or through the certified copy. It can be
successfully pleaded by the contemner that the certified copy of the order was not formally
served to him.

 The disobedience or the breach done should not be : If someone is pleading under this
defence then he can say that the act done by him was not done willfully, it was just a mere
accident or he/she can say that it is beyond their control. But this plead can only be successful
if it found to be reasonable otherwise your plead can be discarded.

 The order that has disobeyed should be vague or ambiguous: If the order passed by the
court is vague or ambiguous or this order is not specific or complete in itself then a person can
get the defence of contempt if he says something against that order. In R.N. Ramaul v. State of
Himachal Pradesh [5], this defence has been taken by the respondent. In this case, the Supreme
Court has directed the corporation of the respondent to restore the promotion of the petitioner
from a particular date in the service. But the respondent has not produced the monetary benefit
for the given period and a complaint was filed against him for Contempt of Court. He pleads
for the defence on the given evidence that it has not mentioned by the court in order to pay the
monetary benefit. Finally, he gets the defence.

 Orders involve more than one reasonable interpretation: If the contempt of any order
declared by the court and the order seems to be given more than one reasonable and rational
interpretation and the respondent adopts one of those interpretations and works in accordance
with that then he will not be liable for Contempt of Court.

 Command of the order is impossible: If compliance of the order is impossible or it can not be
done easily then it would be taken as a defence in the case of Contempt of Court. However,
one should differentiate the case of impossibility with the case of mere difficulties. Because
this defence can be given only in the case of the impossibility of doing an order.

Criminal Contempt
According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is Defined as (i)
the publication of any matter by words, spoken or written, or by gesture, or by signs, or by visible
representation or (ii) doing of any act which includes:

1. Scandalize or tends to scandalise, or lowers or tends to lower the authority of any court, or

2. Biasness, interferes or tends to interfere with the due course of any type of Judicial proceedings,
or

3. obstructs or tends to obstruct, interfere, or tend to interfere with the administration of justice in
any manner.

Case on Scandalizing the Court: Jaswant Singh v. Virender Singh

In this case an advocate caste derogatory and scandalous attack on the judge of the High Court. An
application was filed an election petitioner in the High Court, who was an advocate. He wanted to seek
to stay for further arguments in an election petition and also the transfer of election petitions. These
things cause an attack on the judicial proceeding of the High Court and had the tendency to scandalize
the Court. It was held in this case that it was an attempt to intimidate the judge of the High Court and
cause an interface in the conduct of a fair trial.

Punishment for Contempt of Court

Section 12 of the Contempt of Court Act, 1971 deals with the punishment for Contempt of Court. High
Court and the Supreme Court have been given the power to punish someone for the Contempt of Court.
Section 12(1) of this Act states that a person who alleged with the Contempt of Court can be punished
with simple imprisonment and this imprisonment can extend to six months, or with fine which may
extend to two thousand rupees or can be of both type punishment. However, an accused may be
discharged or the punishment that was awarded to him maybe remitted on the condition that if he
makes an apology and this apology should satisfy the court then only he can be exempted from the
punishment of Contempt of Court. Explanation of this sentence is that if the accused made an apology
in the bona fide then this apology shall not be rejected on the ground that it is conditional or qualified.

The court can not impose a sentence for Contempt of Court in excess of what is prescribed under the
given section of this Act either in respect of itself or of a court subordinate to it.

Remedies against an order of Punishment

Section 13 has been added in the Contempt of Court Act, 1971 after amendment in 2006. The new Act
may be called The Contempt of Court (Amendment) Act, 2006. This Section tells that contempt of
court cannot be punished under certain circumstances or certain cases.

Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006 states that no Court under
this Act shall be punished for Contempt of Court unless it is satisfied that the Contempt is of such a
nature that it substantially interferes or tend to substantially interfere with the due course of Justice.

Clause (b) of Section 13 of this Act states that the court may give the defence on the justification of
truth if it finds that the act done in the public interest and the request for invoking that defence is bona
fide.

Contempt Proceedings

Two Sections of the Contempt of Court Act, 1971 deals with the procedure of Contempt proceeding.
One talks about the proceeding in the face of the court of records and other talks about the proceedings
other than the court of records.

Section 14 of the Contempt of Court deals with the procedure of contempt proceeding in the face of
the court of record whereas Section 15 of this Act deals with the procedure of the contempt proceeding
outside the court of records.

These courts of record have got the power to punish for its contempt inherently. Therefore, these courts
of record can deal with the matter of content by making their own procedure. While exercising the
contempt jurisdiction by the courts of record the only case to be observed is that the procedure adopted
must be fair and reasonable in which the alleged contemnor should be given full opportunity to defend
himself. If the specific charge against the person who is punished for the contempt is distinctly stated
and he is given a reasonable opportunity to answer and to defend himself against the charge then only
he will be liable for contempt of court and the court proceeding runs against him. Where the person
charged with contempt under this section applies whether orally or in writing to have the charge against
him, tried by some judge other than the judge or judges in whose presence or hearing the contempt is
alleged to have been committed and the court is of the opinion that it is necessary in the interest of
justice that the application should be allowed, it shall cause the matter to be transferred before such
judge as the Chief Justice may think fit and proper under the circumstances of the case or placed before
the Chief Justice with the statement of facts of the case.

Contempt committed outside the court

Criminal Contempt rather than Civil Contempt committed outside the Court. Section 15(1) of the
Contempt of Court Act, 1971 deals with the notice of Criminal Contempt by Court of Record such as
the Supreme Court and the High Court. Following manners can be taken by the Supreme Court and
the High Court for cognizance of the Criminal Contempt:

1. On the motion of court of records.

2. On the motion of the Advocate General of the Supreme Court and the High Court.

3. If any person proceeds the motion with the consent of the Advocate General in writing.

4. If the law officer who is related to the High Court for the Union Territory of Delhi as the Central
Government notify proceeds the motion. Then it can be considered as contempt committed
outside the court.

Section 15(2) of this Act states that in the criminal contempt of the subordinate court, the high court
may take certain actions in the manner given in this Act.

Contempt by the third party to the proceeding

If a third party has a part to play in the offence then the third party to the offence may be guilty of
contempt of court and proceeding can initiate against him. In LED Builders Pty Ltd v Eagles Homes
Pty Ltd Lindgren J stated:

“It is not necessary to show that a person who has breached the order of the court can be liable for
contempt of court but the only necessary thing to confirm his liability for contempt is to show that the
person knew of the order which was breached.”

In another case of M/S. Gatraj Jain & Sons v. Janakiraman it has been stated about the third party to
the proceeding that if a third party to the contempt petition found to be wilfully disobeying the court
order then he cannot prevent the court from restoring the status quo.

Landmark Contempt Judgments

 Supreme Court Bar Association vs Union Of India & Anr

In this case, the Judge held that procedural aspect for Contempt of Court may still be prescribed by the
Parliament so that it could be applicable in the Supreme Court and the High Court. This means that
Section 12(1) of the Contempt of Court Act, 1971 which prescribed a maximum fine of Rs. 5000 and
imprisonment for a term of six months shall be applicable in this case.

 Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors

It was held in this case that the punishment that is given for contempt in the Contempt of Court Act,
1971 shall only be applicable to the High Court but for Supreme Court, it acts as a guide. The judgment
that was given was not accompanied by rationality; this was worrisome because the Supreme Court
has been given great powers that the drafters of the Indian Constitution has also not given.

 Sudhakar Prasad vs. Govt. of A.P. and Ors.

This case is also similar to the Supreme Court Bar Association Case. In this case also once again the
Supreme Court declared that the powers to punish for contempt are inherent in nature and the provision
of the Constitution only recognised the said pre-existing situation.

The provision of the Contempt of Court cannot be used to limit the exercise of jurisdiction given in
Article 129 and Article 215 of the Constitution.

Famous cases of contempt

 P.N. Duda vs V. P. Shiv Shankar & Others

In this case, the Supreme Court observed that the judges cannot use the contempt jurisdiction for
upholding their own dignity. Our country is the free marketplace of ideas and no one could be restricted
to criticise the judicial system unless this criticism hampers the ‘administration of justice’.

 R. Rajagopal vs State Of T.N

This case is also known as the Auto Shankar case; in this case, Justice Jeevan Reddy invoked the very
famous doctrine of John Sullivan. This doctrine states that public must be open to strict comments and
accusations as long as made with bonafide diligence, even if it is untrue.

 Justice Karnan’s case

He was the first sitting High Court Judge to be jailed for six months on the accusation of Contempt of
Court. In February 2017, contempt of court proceeding was initiated against him after he accused
twenty Judges of the Higher Judiciary of Corruption. He wrote a letter to PM Modi against this but he
did not provide any evidence against them.
Q2. Explain the relation between Bench and Bar

Introduction

For the administration of Justice, the judicial system is composed of the judges and the advocates who
assist the judiciary in dispensing justice through discharging their duties. The Bar and the Bench are
two elements of the same system, and without them, justice cannot be efficiently administered in the
courts.

1. Bar – Advocates are registered by the State Bar Council as such after receiving their degree of
L.L.B from a university and receiving a specific amount of training under the supervision of
an advocate as stipulated by the rules. The advocates are collectively referred to as the ‘Bar,’
and an advocate is designated as the representative of the Bar. For the most part, the term “Bar”
refers to an association of attorneys who are licensed to practice in the courts, or a specific
court, of any state.

2. Bench – The term “bench” refers to all of the judges taken together, as opposed to the term
“Bar,” which refers to all members of the legal profession. The term “bench” also refers to the
key component of the court deemed in its official capacity while the judges are sitting. The
term ‘Bar’ was originally used to refer to the part of the court that dealt with attorneys.
However, the term is now used to refer to the part of the court that deals with judicial officers,
which is known as the Bench.

The Bar and the Bench are considered as the two wheels of a chariot that play a role in administering
the law. Both are subordinate to and interrelated to one another in their respective roles. In law, the
term “Bar-Bench relationship” pertains to the friendly relationship that advocates have with judges.
The Bar (advocates) and the Bench (judges) both play critical roles in the administration of justice.
Maintaining cordial relations between the Bench and the Bar requires respect and understanding on
both sides of the bench and bar.

Role of bar-bench in the administration of justice

The practice of law and the administration of justice is vitally important to each other. There is no other
office in the state that possesses the same level of authority as that of the judge. Judges carry enormous
power, far exceeding that of any other official in the government or military. The common people’s
lives and liberty, individual domestic happiness, property, and public image are subordinate to the
judges’ wisdom, and citizens are held accountable for their judgments. If judicial power is corrupted,
there is no longer any assurance of life, liberty is forfeited, and there is no longer any guarantee of
personal or domestic happiness. A strong judiciary that is active, unbiased, and competent is the most
important thing a state can have. Judges must carry out their responsibilities due to the importance of
judges in the maintenance of civil and orderly society.

The administration of justice is not limited to the courtroom. It also has significance for the Bar. The
preservation of cordial relations between the Bar and the Bench necessitates respect and understanding
on both sides of the bar. The roles of attorneys and judges are supplementary to one another. The
primary source of judges’ recruitment is the legal profession. As a result, they are both members of the
same community. The Bar and bench need to sustain cordial relations with one another. However,
because of the nature of the responsibilities that attorneys and judges must fulfill, they may engage in
dialogues that are sometimes amusing, sometimes heated, and sometimes tough.

Bar-bench relations: an overview

 When it comes to democratic institutions, the independent judiciary is a pillar of stability, and
the bar is the cornerstone of that stability. The Bench reflects the appearance, character, and
behaviour of the judges as the bench is considered to be a mother and a bright mirror for the
judicial officers.

 Those who practice law are just as much a part of the justice delivery system as the judges
themselves, and it is the closest possible harmony between the Bar and the Bench that will
produce the best results in accomplishing the targets embodied in our Constitution. The Bar
and the Bench are two opposing sides of the same coin, as the saying goes. The administration
of justice cannot be successful unless there is unity between the Bar and the Bench. Otherwise,
the required outcomes to maintain the grandeur of the institution will not be achieved.

 An advocate’s scandalizing of the court is truly despoiling the very foundations of justice, and
such behaviour by an advocate tends to bring dishonour to the entire administration of justice.
The behaviour of an advocate towards the court is always one of uniform reverence, regardless
of the status of the court in which the case is being heard. The advocate’s personal view of the
judge must not be shown in his conduct because he has a responsibility to maintain the respect
of the judiciary as a professional organization. At the same time, it is the responsibility of the
judiciary not only to be courteous to members of the Bar but also to do everything in their
power to progress the high traditions of the profession.

 Contempt of court can be imposed on a lawyer or a judge for their discourteous behaviour or
misbehaviour. There are two types of contempt of court: civil contempt and criminal contempt.
 Consider the following examples: using derogatory language against an individual judge,
harassing him with transfer or removal from office, casually addressing the judge, questioning
his authority to ask questions, or making disgraceful accusations against an individual judge.
It is considered to be contempt of court. He is responsible for his uncourteous behaviour and
may be prosecuted for contempt of court.

 The opinion about the Bar and Bench relationship has been laid down in the case of P.D. Gupta
v. Ram Murthi and others (1997) in which the primary focus was on how the relationship
between the Bar and the Bench affects the administration of justice.

Facts: Shri Kishan Dass passed away, leaving behind a large amount of immovable property. Several
people made claims to the deceased’s property, including one Vidyawati, who claimed to be the
deceased’s sister, one Ram Murti, and two other people who claimed to be the deceased’s heirs, among
other things. Later, the advocate for Vidyawati bought the aforementioned properties, knowing full
well that they were in dispute. In the following months, the attorney made a profit by selling the
property to a third party. A grievance against the lawyer was filed with the Delhi Bar Council, which
resulted in the attorney being suspended.

Held: Because the disciplinary committee of the Bar Council of Delhi was unable to resolve the
complaint within a year, the hearings were relocated to the Bar Council of India under Section 36-B
of the Advocates Act, which provides that the complaint must be resolved within one year. The Bar
Council of India’s disciplinary committee put him on trial for professional misconduct and expelled
him from practicing law for one year.

Role of the bar in strengthening the bar-bench relation

Advocates are court officers, and they are required to aid the court in the administration of justice on
behalf of the court. Advocates gather resources relevant to the case to aid the court in reaching an
(outcome) in the case. An advocate works in collaboration with the judiciary to ensure that justice is
administered properly. Advocates, like judges, play a significant role in the administration of justice.
An advocate has to practice the following steps to preserve and strengthen the relation between Bar
and Bench:

 They should show reverence to the judges and refrain from disparaging the judges or the
judiciary in any way whatsoever.
  They should assist the judges in the court hearing of the cases by conveying the relevant law
accurately and understandably during the trial. They should never behave in a way that would
displease the judges.

 If the judges make a mistake in their decision, they should not be criticized. They should
attempt to correct the error in the order by filing an appeal.

 They should not exert stress or control on the judges to obtain a favourable order. An advocate
should refrain from seeking to manipulate the verdict of the court through the use of illegal or
inappropriate means.

 If the judge’s conduct is annoying and disrespectful to the advocates, they should refrain from
engaging in violent talks with the judge in question. The issue should be addressed with the
judge in his chambers, and the Bar Association should make a formal request that such
misbehaviour not be repeated.

 It is the responsibility of an advocate to make every effort to constrain and avert his or her
client from engaging in unfair practices with the court.

Role of the bench in strengthening the bar-bench relation

A judge is a public official who hears and decides cases in the court of law, thereby resolving a legal
dispute. Judges wield enormous power, far exceeding that of any other official in the government or
military. A judge has to practice the following steps to preserve and strengthen the relation between
Bar and Bench:

 In the same way that the advocates respect the judges, the judges should respect the advocates
as well.

 It is important for judges to approach the case with an open mind and to do so without bias or
prejudice, as appropriate. They will act in a manner that is beneficial to the interests of justice.
They will give the advocates sufficient time to present their case in its entirety.

 Judges are expected to act in a fair and unbiased manner. They are not permitted to act in the
interests of any prosecutor or party to the dispute.

 When required, judges should refrain from interfering with the lawyer’s interviews of witnesses
and presentation of the argument. A lawyer’s professional reputation may be harmed by undue
intrusion and disparaging messages from the judges, and he may be unable to effectively
present the case. In most cases, a judge’s intervention is confined to the following factors:
 avoiding reiteration and time-wasting, checking for pertinence, providing clarification, sharing
an opinion of the courts on a particular point, and promoting the expeditious disposition of the
case.

 In the course of administering justice, the courts are frequently called upon to decipher the
law’s rules, directives, regulations, codes, bylaws, circulars, notices, and other documents to
determine the true significance of the statutes or to clear up confusion or incoherence in the
legislation. In these instances, a proper explanation should be provided to provide full justice
to the parties involved in the situation.

 Adjournments are granted to allow the parties a reasonable amount of time to present their
arguments. Cases will not be adjourned where possible unless there are reasonable and
appropriate grounds to do so. Excessive postponement of cases, which causes the parties to
suffer financial difficulties is the most common cause of mounting backlogs in the court system.

 The case of ‘justice deferred is justice denied’ will also be resolved as soon as possible as well.
When older cases are given priority over new cases, new cases should not fall behind in their
disposition.

 Judges should refrain from making unjustified public remarks about a lawyer’s lack of legal
insight in open court. They should not ask any lawyer to leave the trial unless they have a
compelling reason to do so. Likewise, they should not request that any advocate not appear in
his or her court in the future.

 Judges will have a thorough understanding of the law. They should be able to apply the
appropriate legislation to the evidence available and come to the best possible conclusion on
the matter.

 The foremost duty of ensuring and preserving judicial independence relies upon the judges who
preside over the courts.

 A judge’s moral responsibility and honesty should be unquestionable. He should be treated

with respect, both personally and intellectually. There should be something to commend about
the character and the action.

 This entails a lot of hard work and extensive research done on a regular and comprehensive
basis. A judge’s knowledge should be kept up to date with the most recent advancements and
transformations in legislation by continuously reviewing it.
  Briefings of judges and advocates are scheduled at regular intervals to strengthen the
relationship between the Bar and the Bench. During these sessions, the problems of the
opposing sides can be discussed, and the differences can be resolved through discussion.

Suggestions on the relation between bar and bench

In the administration of justice, the Bar and the Bench play a vital role in being the two most important
organs; they share a common duty in ensuring that justice is administered properly and effectively.
Given the fact that both are national assets of our nation, they must therefore coordinate and work
cooperatively with one another, as well as stay cautious together, in order to safeguard judicial
independence.

A reputed and unbiased judiciary, as well as a powerful bar, are required to maintain the system of
democracy and independence under the rule of law in the country. Furthermore, the lawyers must have
the impression that they were given a fair court hearing and that their issues would be addressed by an
unbiased and credible attorney, among other things.

It is critical for the productive discharge of the court’s duties that the high level of optimism, prestige,
and dignity that they have admired throughout their careers be sustained and not weakened in any
manner. Whether it is judges or lawyers, they bear the main duty of administering and maintaining the
public’s trust in the courts.

Conclusion

An ordinary citizen has faith and confidence in the country’s judicial system. It is the responsibility of
both the Bench and the Bar to uphold and strengthen the rule of law through their dedication and
behaviour. To ensure the independence of the bar, an independent judiciary must be in place, which
can be used to defend that independence if required. One of the most effective methods of guaranteeing
judges’ independence is to have a responsible, well-behaved, sophisticated, and learned Bar. In the
end, the mutual adjustment of behavior by the Bench and the Bar is the cornerstone of the polished
operation of courts in the overall interest of society.
Q3. Write duties of an advocate towards his clients, court, colleagues, and opponents.

Introduction

There are duties of an advocate. As officers of the court and advocates of justice, advocates play a
crucial role in the legal system of India. Advocates are expected to fulfil their duties diligently,
ethically, and in accordance with the law to ensure the proper administration of justice. The legal
profession in India is governed by the Advocates Act, 1961, which outlines the rights, privileges, and
responsibilities of advocates.

In this article, we will explore the various duties of an advocate in India, including their ethical
obligations, responsibilities towards the court, clients, and society, and the relevant provisions under
the Advocates Act, 1961.

Introduction to the Advocates Act and Bar Council Rules

The Advocates Act, 1961 is a comprehensive legislation that regulates the legal profession in India. It
defines the term “advocate” and lays down the qualifications, rights, and duties of an advocate. The
Act provides for the creation of the Bar Council of India (BCI), which is the regulatory body for
advocates in India, as well as the state bar councils.

The Advocates Act, 1961 empowers the bar councils to prescribe the standards of professional conduct
and etiquette for advocates and also empowers them to take disciplinary action against advocates for
professional misconduct.

Bar Council of India Rules, also known as the “Standards of Professional Conduct and Etiquette” lays
down the specific duties and responsibilities of advocates.

Any violation of the ethical duties and professional responsibilities by an advocate may result in
disciplinary proceedings before the Bar Council. The Bar Council of India has the authority to take
disciplinary action against advocates who are found guilty of professional misconduct. The
disciplinary proceedings may include inquiries, hearings, and imposition of penalties, including
suspension or cancellation of the advocate’s license to practice law.

Advocates are also subject to the jurisdiction of the courts, and the courts have the authority to take
action against advocates for any act of misconduct or breach of duties during court proceedings. The
courts may impose fines, reprimand, or take other appropriate actions against advocates who violate
their ethical duties or professional responsibilities.

1. Duties of an Advocate towards the Court

Duty to uphold the dignity and decorum of the court

Advocates have a solemn duty to maintain the dignity and decorum of the court. They must conduct
themselves in a manner that upholds the dignity and respect of the judiciary, and refrain from engaging
in any act or behavior that may undermine the integrity or authority of the court.

Advocates are expected to address the court with respect, use appropriate language, and follow the
court’s rules and procedures.

Duty to assist the court in the administration of justice

Advocates have a duty to assist the court in the administration of justice. They must present their cases
honestly, fairly, and with utmost sincerity. Advocates are officers of the court and have a duty to ensure
that justice is served and that the truth is brought before the court. They must not withhold any material
information from the court or mislead the court in any manner.

Duty of confidentiality

Advocates have a duty to maintain the confidentiality of their client’s information. They must not
disclose any confidential information or privilege without their client’s consent unless required by law.
Advocates must protect their client’s interests and ensure that their client’s information is not divulged
to unauthorized persons.

Duty to be candid with the court

Advocates have a duty to be candid and forthright with the court. They must not misrepresent facts,
cite false authorities, or present misleading arguments.

Advocates must present their cases honestly and must not engage in any activity that may undermine
the integrity of the legal profession or the administration of justice.

Duty to respect the orders of the court

Advocates have a duty to respect and abide by the orders of the court, whether they agree with them
or not. Advocates must comply with the orders of the court and must not engage in any activity that
may obstruct or interfere with the administration of justice.

Disrespecting or disregarding the orders of the court can have serious consequences, including
disciplinary action by the bar council.

Duty to be punctual and prepared

Advocates have a duty to be punctual and prepared for all court hearings and proceedings. Advocates
must arrive in court on time, be fully prepared with all necessary documents, evidence, and arguments,
and be ready to present their case before the court.

Advocates must also be familiar with the relevant laws, rules, and procedures applicable to their case,
and must not cause any delays or adjournments due to their lack of preparation.

Duty of fair and honest advocacy

Advocates have a duty of fair and honest advocacy in court. Advocates must not knowingly make false
statements, suppress material facts, or mislead the court or opposing parties.

Advocates must present their case honestly, fairly, and in good faith, and must not engage in any
conduct that may compromise the integrity of the judicial process. Advocates must also not indulge in
any sharp practice or unethical tactics to gain an unfair advantage in court.

Duty to refrain from criticism of the court

Advocates have a duty to refrain from making any unwarranted criticism of the court or its officers.
Advocates must not make derogatory remarks, use disrespectful language, or engage in any conduct
that may undermine the dignity or authority of the court.

Advocates must always maintain a respectful and professional demeanour in their interactions with
the court, even if they disagree with a court’s decision or ruling.

Duty to comply with court orders and directions

Advocates have a duty to comply with court orders and directions. Advocates must not defy or obstruct
the implementation of court orders or directions and must take necessary steps to ensure compliance.

Advocates must also not engage in any conduct that may be deemed contumacious or disobedient
towards the court, as it undermines the authority and integrity of the judicial system.

Duty to avoid frivolous or vexatious litigation

Advocates have a duty to avoid initiating or pursuing frivolous or vexatious litigation. Advocates must
thoroughly examine the merits of a case and advise their clients accordingly.

Advocates must not file or defend a case that lacks legal or factual basis or is intended solely to harass
or burden the court or the opponent.

2. Duties of an Advocate towards Clients

Duty of loyalty and commitment

Advocates have a primary duty towards their clients. They must act in the best interests of their clients
and diligently represent their clients’ legal rights and interests. Advocates must maintain a high level
of loyalty, commitment, and confidentiality towards their clients.

They must strive to achieve the objectives of their client’s cases to the best of their abilities, within the
bounds of law and ethics.

Duty to provide competent and diligent representation

Advocates have a duty to provide competent and diligent representation to their clients. They must
possess the requisite knowledge, skill, and expertise to handle the legal matters entrusted to them.

Advocates must stay updated with the developments in the law and diligently prepare and present their
cases in a competent manner. They must also communicate with their clients regularly and keep them
informed about the progress of their cases.

Duty of disclosure and informed consent

Advocates have a duty to disclose all relevant facts to their clients and obtain their informed consent
before taking any action on their behalf. Advocates must provide complete and accurate information
to their clients regarding the legal implications, risks, and possible outcomes of their cases.

Clients have the right to be fully informed about their legal matters and make informed decisions based
on the advice and information provided by their advocates.

Duty to avoid conflicts of interest

Advocates have a duty to avoid conflicts of interest between their clients and themselves or their
associates. Advocates must not represent conflicting interests that may compromise their loyalty,
integrity, or objectivity towards their clients.

They must disclose any potential conflicts of interest to their clients and obtain their informed consent
before proceeding with the representation.

Duty to maintain professional integrity and independence

Advocates have a duty to maintain professional integrity and independence. They must not engage in
any act that may compromise their integrity, independence, or impartiality.

Advocates must not allow any undue influence, pressure, or consideration to interfere with their
professional judgment or compromise the interests of justice.

Duty to maintain communication and updates

Advocates have a duty to maintain regular communication and updates with their clients. Advocates
must keep their clients informed about the progress of the case, court dates, developments, and any
other relevant information.

Advocates must also promptly respond to their client’s queries, concerns, and instructions, and not
ignore or neglect their clients’ interests.

Duty to act in the best interests of the client

Advocates have a primary duty to act in the best interests of their clients. Advocates must always
prioritize their client’s rights, interests, and instructions, and not compromise their clients’ position for
their own personal gain or interests.

Advocates must act with loyalty, sincerity, and professionalism in advancing their client’s cause.

3. Duties of an Advocate towards Colleagues

Duty of professional courtesy and cooperation

Advocates have a duty to treat their colleagues with professional courtesy, respect, and cooperation.
They must not engage in any conduct that may harm the reputation or interests of their colleagues.
Advocates must strive to maintain a cordial and professional relationship with their colleagues and
promote a healthy and harmonious working environment within the legal profession.

Duty to report professional misconduct

Advocates have a duty to report any instance of professional misconduct by their colleagues to the
appropriate authorities, such as the Bar Council or the court. Advocates must not shield or protect their
colleagues who engage in unethical or illegal conduct.

Reporting professional misconduct is essential to maintain the integrity and reputation of the legal
profession and uphold the interests of justice.

Duty to mentor and guide junior advocates

Advocates who have gained experience and expertise in the legal profession have a duty to mentor and
guide junior advocates. They must share their knowledge, skills, and experience with junior advocates
and help them in their professional development.

Advocates must also strive to maintain a healthy and respectful relationship with their juniors,
providing them with guidance, support, and constructive feedback.

4. Duties of an Advocate towards Opponent

Duty of fairness and respect towards the opposite party

Advocates have a duty of fairness and respect towards the opposite party. Advocates must not engage
in any conduct that may harass, intimidate, or bully the opposite party.

Advocates must also not indulge in any acts of misconduct, such as misrepresentation, suppression of
evidence, or manipulation of facts, that may prejudice the rights and interests of the opposite party.

Duty of professional courtesy towards opposite counsel

Advocates have a duty of professional courtesy towards the opposite counsel. Advocates must treat
the opposite counsel with respect, dignity, and professionalism. They must not engage in any conduct
that may undermine the reputation or interests of the opposite counsel.

Advocates must also not make any personal attacks or use derogatory language against the opposite
counsel during court proceedings.

Duty to avoid conflicts of interest with the opponent

Advocates have a duty to avoid conflicts of interest with the opponent. Advocates must not represent
conflicting interests that may compromise their ability to provide unbiased and effective representation
to their clients.

Advocates must also not engage in any activities that may be deemed as collusive or unethical, which
may result in a compromise of the opponent’s rights or interests.

Conclusion

Advocacy is a noble profession that plays a crucial role in the administration of justice. Advocates, as
officers of the court, have certain duties and responsibilities towards the court, their clients, opposing
counsel, and the Bar Council. The duties of an advocate are enshrined in the Advocates Act, 1961, and
the Bar Council of India Rules, and advocates are expected to uphold them with the utmost
professionalism and integrity.

In this article, we have discussed the various duties of an advocate in India, including their duty to the
court, duty to the client, duty to opposing counsel, and duty to the Bar Council. We have highlighted
the relevant provisions from the Advocates Act, 1961, and the Bar Council of India Rules that outline
these duties. With duties, there are rights of advocate too.
By upholding their duties, advocates can contribute to the effective functioning of the legal system,
protect the rights and interests of their clients, maintain the dignity and integrity of the legal profession,
and promote justice in society. Advocates must strive to uphold the highest standards of
professionalism, ethics, and integrity in their practice and be vigilant in fulfilling their duties towards
the court, clients, opposing counsel, and the Bar Council.
Q4. Write the functions and powers of disciplinary committee of Bar Council of India and State
Bar Council.

1. State Bar Councils

The State Bar Councils are statutory bodies established under Section 3 of the Advocates Act, 1961.
They act as regulatory bodies, making rules for the legal profession and education in their respective
states and also act as the representatives of the advocates of that state, thereby acting in their interests.
They work in coordination with and under the supervision of the Bar Council of India, which is a
national body established under Section 4 of the Advocates Act, 1961.

Structure of State Bar Councils

 Section 3 of the Advocates Act mandates that there shall be a Bar Council for every state, and
it shall be called as Bar Council of that state.
 Every Bar Council shall be a body corporate with perpetual succession and common seal. It
can acquire and hold properties. It can sue or be sued.
 There shall be a Chairman and Vice Chairman of each Bar Council elected by the Council. The
Advocate – General of a state shall be ex-officio member of that State Bar Council.
 There shall be 15 members in a State Bar council if the electorate doesn’t exceed 5,000. And
it becomes 20 if the electorate ranges between 5,000 – 10,000.
 There shall be 25 members in the Council if the number exceeds 10,000. The members of the
Council are elected through a system of proportional representation by means of the single
transferable vote from amongst Advocates on the electoral roll of the State Bar Council.

Functions of State Bar Councils

Section 6 of the Act lays down the important functions of a State Bar Council. They are as follows:

 To admit persons as Advocates on its roll.

 To prepare and maintain such roll.
 To entertain and determine cases of misconduct against Advocates on its roll.

 To safeguard the rights, privileges and interests of Advocates on its roll.

 To promote and support law reform.
  To conduct seminars and organize talks on legal topics by eminent jurists and publish journals
and papers of legal interest.
 To organize legal aid to the poor.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members.
 To perform any other functions as prescribed by the Act.
 To do all other things necessary for discharging the aforesaid functions.

2. The Bar Council Of India

The Bar Council of India is a statutory body created by Parliament under the Advocates Act,1961 to
regulate and represent the Indian bar. It performs the regulatory function by prescribing standards of
professional conduct and etiquette (proper behaviour) and by exercising disciplinary jurisdiction over
the bar. It also sets standards for legal education and grants recognition to Universities whose degree
in law will serve as qualification for enrolment as an advocate.

In addition, we perform certain representative functions by protecting the rights, privileges and
interests of advocates and through the creation of funds for providing financial assistance to organise
welfare schemes for them.

Structure

The Bar Council of India shall consist of:

 The Attorney General of India and the Solicitor General of India are Ex-officio members of
the council and the other members represent the State Bar Councils in the country.
 The members are elected for five years and the chairman and vice-chairman are elected for two
years from among the members of the Bar Council of India.

Powers and Functions of the Bar Council

Section 7 of the Advocates Act provides for the functions of the Bar Council of India.

 To lay down standards of professional conduct and etiquette for advocates

 To lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each State Bar Councils
 To safeguard the rights, privileges and interests of advocates
 To promote and support law reform
 To deal with and dispose of any matter arising under this act, which may be referred to it by a
State Bar Council
 To exercise general supervision and control over State Bar Councils
 To promote legal education and to lay down standards of legal education. This is done in
consultation with the universities in India imparting legal education and the State Bar Councils
 To recognize universities whose degree in law will be a qualification for enrolment as an
advocate. The Bar Council of India visits and inspects universities, or directs the State Bar
Councils to visit and inspect universities for this purpose
 To conduct seminars and talks on legal topics by eminent jurists and publish journals and
papers of legal interest
 To organize legal aid to the poor
 To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India to
admission as an advocate in India
 To manage and invest the funds of the Bar Council
 To provide for the election of its members who will run the Bar Councils
 To perform all other functions conferred to it by or under this Act
 To do all other things necessary for discharging the aforesaid functions.
Q5. Write rights and duties of advocates under the Advocate Act 1961.

Rights of an advocate under the Advocate Act, 1961

In India, an advocate has the following rights:

Rights of an Advocate;

Right to practice (Section 30) and freedom of expression and speech:

From the perspective of the legal profession, the term ‘right to practise’ refers to an exclusive right
granted to advocates to represent clients in court and before tribunals. There are two levels of
protection for the right to practise, and they are as follows:

Protection in General: Article 19(1)(g) of the Indian Constitution safeguards each person’s right to
engage in whatever practice they choose.

Specific Protection: According to Section 30 of the Advocates Act, 1961, a person registered with a
State Bar Council is entitled to practice law before any court or body in India, including the Supreme
Court.

The Central Government made it effective recently by issuing a notification. An advocate who is
registered with the Bar Council of India is granted the only authority to practise law in courts.

If an advocate is speaking during practice, no one may interrupt them unless they are violating the
court’s rules and regulations.

The freedom of speech and expression is guaranteed by Article 19(1)(a) of the Indian Constitution. All
Indian citizens are entitled to this fundamental right. Even in a court of law, an advocate has the
freedom to speak and express oneself.

Pre-audience rights:

A court of law must provide an advocate with the opportunity to speak first, according to Section 23
of the Advocates Act.

Advocates have the right not to be interrupted before their statement is completed. This provision is
employed as an advocate’s privilege as well as a right to pre-audience rule. The right to be heard comes
first and foremost. The person in the top position in the hierarchy is given the right to advocacy by the
law.

In India, the following is the preferred hierarchy system:

 o Attorney General
o Solicitor General
o Additional Solicitor General
o The Second Additional Solicitor General
o Advocate General of the State
o Senior advocates
o Other advocates

This is the hierarchy of advocacy used in India. In the absence of another advocate, the attorney general
has the right to represent himself in court. In accordance with this rule, an advocate is also permitted
to speak in front of the courtroom audience and to represent his client in front of a judge.

Right of opposition to arrest:

All advocates are guaranteed under Section 135 of Civil Procedure Civil, 1908 that they won’t be
detained while travelling to or from a tribunal or court on another subject, with the exception of cases
involving criminal charges and contempt of court.

In certain situations, the police are not allowed to detain a civil advocate. An advocate is referred to as
an officer of the court.

Right to appear in any court:

All advocates are permitted to practise in any Indian court or tribunal, according to Section 30 of the
Act.

They have the right to enter the court or tribunal even if they haven’t registered with that particular
tribunal or court.

No matter if they are representing a client or not, an advocate may enter the courtroom and take any
seat to watch the proceedings. An advocate may also enter the Supreme Court and observe the
proceedings.

Right to see an accused person in jail:

There is no restriction on how often an advocate can visit a client who is being held in jail. Advocates
are even permitted to see their clients every day in jail.

According to the law, a person is deemed innocent unless proven guilty. As a result, it is essential for
an advocate to fully understand the case by meeting with his client—even while they are in custody—
to discuss the important details and related documents so that they can effectively argue the case in
court.

Right to professional communication:

Communication between an advocate and his client must be regarded as professional communication
under Section 126 of the Indian Evidence Act,1872. Such communication shall not be disclosed.

The right to protect the secrecy of communications:

An advocate has exclusive rights under Section 129 of the Indian Evidence Act of 1872. The advocate
has the right to protect the confidentiality of his client’s communications.

The advocate is not required to disclose to anybody the conversation he and his client had on the matter.

According to Section 129 of the Indian Evidence Act of 1872, no one is allowed to pressure an advocate
into disclosing the conversations he has with his client.

Right to pay a fee:

According to Rule 11 of Chapter 2 of Part VI of the Rules of the Bar Council of India, an advocate is
entitled to get payment when he provides or renders services to a client. According to his position at
the bar, he can exercise this right.

Right with respect to vakalatnama:

The advocate has the right to solely represent his client in that particular matter after a vakalatnama is
signed in his name. An advocate also has the authority to support the public prosecutor in court and
submit a note of appearance on behalf of a defendant for whom he is not counsel.

Right to refuse a case:

An attorney has the authority to decline to represent a client in a lawsuit involving illegal activity.

Duties of an advocate

An advocate must perform the following duties:

An advocate’s obligations to the client:

An advocate’s obligation is to take client briefs and to charge a fee that is comparable to that of other
attorneys at the same bar and appropriate to the circumstances of the case. The advocate may provide
an explanation for why a specific brief was rejected.

An advocate has a duty to decline cases or briefs where he would testify as a witness. Similarly, if the
advocate has notice of testifying as a witness throughout the course of events, he should not proceed
with the case.

Once the client has consented to have the advocate represent them, the advocate has an obligation to
do so. In order to withdraw a case, he must provide the clients with a good explanation and adequate
notice. He will refund the customer for a portion of the fee that was not collected.

The responsibility of an advocate is to deliver the best advice to the best of his abilities.

It is crucial that the advocate provides the client with complete and honest disclosures of the parties
and their interest in the controversy.

When handling a client’s case, an advocate needs to be cautious.

When a party has received legal advice from an advocate, the advocate should not participate in the
lawsuit since he is now the party’s opponent. An advocate must either withdraw the case or transfer it
to another counsel in such a situation.

An advocate is expected to maintain track of any client funds entrusted to him and provide a copy of
that record upon request.

An advocate is required to uphold the confidentiality clause and not reveal the client’s private
information.

An advocate’s obligations to the court

An advocate must always treat the legal system and courts with respect.

An advocate must maintain his or her dignity and self-respect.

It is the duty of an advocate to refrain from using any unlawful or inappropriate measures to influence
the court’s judgement and to allow it to be made without bias.

Advocate has a responsibility to present themselves in court in the appropriate attire. Except in the
courtroom, he or she is not authorised to dress in a band and gown.
Advocates are not permitted to represent a close relative as a member of their family in court or before
a tribunal.

Advocates must not conduct a prosecution in such a way that an innocent person is knowingly
convicted.