Professional Ethics

Bar Bench Relation

And
Accountancy for Lawyers

A.Vincent Arputhom
 CONTENTS
I PROFESSIONAL ETHICS 1-34
1. Origin and Development of Legal Profession 1
2. Advocates Act 3
3. State Bar Council 3
4. Bar Council of India 5
5. Qualification for Enrolment 6
6. Disqualification for Enrolment 7
7. Senior Advocate 8
8. Advocate on Record 9
9. Advocates r Roll 10
10. Amicus curiae 11
11. Lawyers Privilege 11
12. Seven Lamps of Advocacy 12
13. Panchasheel of the Bar 13
14. Ten commandments of Advocates 14
15. Darwin”s Therory in Legal Profession 15
16. Meaning of Professional Ethics 15
17. Meaning of the term Etiquette 16
18. Duty to Court 16
19. Duty to Clients 17
20. Duty to Opponent 20
21. Duty to Profession 21
22. Duty to Render Legal Aid 22
23. Restriction on other Employment 22
24. Duty to Self 23
25. Duty to Colleagues 24
26. Restriction on Advertisement 24
27. Refusing to Accept a Case 25
28. Professional Misconduct 25
29. Punishment for Misconduct 27
30. Remedies Against the Order of Punishment 28
31. Review of its Own Order 29
32. Disciplinary Committee of the State Bar Council 29
33. Disciplinary Committee of the Bar Council of India 31
34. Transfer of Proceedings 32
35. Advocates Welfare fund 32
36. Tamil Nadu Advocates Welfare Fund 33
II BAR BENCH RELATION 34-47
Contempt of court 35
Civil Contempt 35
Criminal Contempt 36
Punishment for Contempt 37
Defences in Criminal Contempt 38
Defences in Civil Contempt 40
Contempt Against Subordinate Court 41
Contempt Procedure in High Court & Supreme Court 41
Contempt by Judicial Officers 43
Bar Bench Relations 44
Role of the Bar to Strengthen Bar Bench Relation 45
Role of the Bench to Strengthen Bar Bench Relations 45
III CASES ON PROFESSIONAL MISCONDUCT 48-57
1. Jagadish Singh v.T.C.Sharma 48
2. Babulal v.Subash Jain 49
3. Balswaroopsoni v.Babulalsoni 49
4. Indure Ltd. v.Deo Raj Gupta 50
5. Commissioner of civil Supplies v. Balakrisdhnan 52
6. A.Banumurthy v.Bar Council of A.P. 53
7. Dr. D.V.P.Raja v.Jayabalan 53
8. G.M.Hirmani v.Iswarappa 54
9. N.S.v. K.V. 56
10. P.R.v.V.I. 56
IV CASES OF MISCONDUCT & CONTEMPT 58-68
1. Pawan Kumar Sharma v.Gurdial Singh 58
2. Mahabir Prasad Singh v.M/s Jacks Aviation 59
3. Supreme Couirt Bar Association v. Union of India 60
4. P.D. Gupta v.Ramamurthi 61
5. Rubtas Singh v.Commissioner, Agra Division 62
6. Harish Chandra Singh v. S.N. Tripathi 63
7. Hikmatali Khan v.Iswar Prasad Arya 64
8. Prahalad Saran Gupta v. Bar Council of Idia 65
9. Dr.Haniraj Chulani v. Bar Council if Maharashtra 66
10. D.C. Sexena v. Hon‟ble Chief Justice of India 67
V. ACCOUNTACY FOR LAWYERS 69-73
Purpose of Maintaining Accountas by Lawyers 69
Place of Keeping Books of Account by a Lawyers 70
Bar Council Rules Relating of Accounting 70
Rules Under Income Tax 71
 CHAPTER – I

PROFESSIONAL ETHICS

Origin and Development of Legal Profession

Origin: In India, the Legal profession originated dring the

British Rule. There is no evidence of the existence of legal Profession
before that ie. During the Hindu Rule and Mughal Dynasty period.
During that period, the administration of justice was in the hands of the
King and the Kings court was treated as the highest court of the country.

There is no appeal against the order of the King. Persons

disobeyed the King‟s order was charged with sedition.During that period
the King was respected as the representative of God who was sent by
the God to render justice to the people.

In the King‟s court the plaintiff has to represent his case

personally and thereafter the King will hear the other side. To assist
and advice and the King in the administration of justice there was a
council of ministers and a group of educationalists.

During Britisher’s Period : The East India Company which

started its business in India, during 16th century slowly started capturing
important cities in India and they started administering those areas under
their control. They have created company courts and those courts were
headed by persons having no legal knowledge. And persons having no
legal knowledge were allowed to practice in the court.

The first time in India, the legal profession was recognized and
regulated by the Charter Act of 1774.This Act has permitted the
English lawyers to practice in the Supreme Court of Calcutta.

Later on in 1801, the English lawyers were allowed to practice

in the Madras Supreme Court and in the year 1823 they were allowed to
practice in the Bombay Supreme Court, but Indian Lawyers were not
allowed to Practice in those courts. (In 1826 these 3 Supreme Courts
were abolished and in that place High Courts were Created).
 In 1865, the Special Rights Act has conferred the right to the
Madras, Bombay and Calcutta High Courts to frame rules for the
recognition of Advocates and for preparing the Advocates roll.

In 1879, the legal practioner‟s Act has conferred the similar

power to the other High court Were allowed to practice in that high
court. As per this Act Persons studied Law in England Were called as
Advocates and persons studied Law in India were called as “Vakils”.The
“Vakils” were not allowed to practice before the High Courts.

In 1923,an Advocates Committee was constituted under the

leadership of Sir. Edward to study the legal profession and to make
suitable recommendations to improve the legal profession. This
committee has recommended for the creation of Bar Councils in each
High Court and allowing the “Vakils” to practice before the High Court.

Accepting the recommendation Bar Council Act was passed in

1926. This Act was paved the way for the creation of Bar Councils in
each High Courts. But the Bar Council was not empowered to enrole
Advocates, that power was retained with the High Courts. The function
of the Bar Council was only advisery and the rules and regulations made
by the Bar Council shall be brought into force only after the concurence
from the High Court.

After Independence: After Independence in the year 1951 an

Advocates Committee was constituted under the chairmanship of Justice
C.R. Das to study the problems in the legal profession and make suitable
suggestions to remedy such problems.This committee has made the
following recommendations.
1. All India level, one Bar Council namely Bar Council of India
and in each state, State Bar Council should be created.
2. Power to enrole Advocates and disciplinery power against the
Advocates should be entrusted with the Bar Council.
3. Advocates should be allowed to practice throughout India
without any discrimination.

The fifth Law Commission also scrutinized these

recommendations and recommended for the implementation of these
recommendations. Accepting these recommendations, the Central Govt.
passed the Advocates Act in the year 1961 giving suitable provision for
creation of Bar Councils and the Bar Councils are entrusted with the
power of regulating the legal profession.

Salient Features of Advocates Act

The Advocates Act was passed by the Parliament in the year
1961. Following are some of the important salient features.

1. The Act has consolidated all the existing law on legal

profession.
2. The Act has made provision for the creation of Bar Council of
India at the Central level and State bar Councils in each state.
3. The Act has made the provision for the preparation of common
roll of Advocates throughout India.
4. It empowers Advocates whose name is in the common roll to
practice in all the courts in India.
5. The difference between the Advocates and Vakil is abolished
and all those who practice law is called as Advocates.
6. Provisions are made to confer the status as Senior Advocate
for those Advocates who poses extraordinary knowledge in the
field of law.
7. It has conferred autonomus status to the Bar Councils.

State Bar Council

Constitution : S.3 of the Advocates Act empowers for the

creation of State bar councils for every state. Number of members of the
Bar Council varies from state to state, depending upon the number of
Advocates on the State roll.
1. If the number of Advocates in the state roll is less then 5000
then the number of Bar Council members are 15.
2. If the number of Advocates are 5000 to 10000 then the number
of Bar Council members are 20.
3. If the number of Advocates are more then 10000 then the
number of bar Council members are 25.
 Members are elected by the Advocates whose names are there in
the state roll by a single transferrable vote. The members hold office for
a period of 5 years.
The Advocate General of the Concerned State is an ex-officio
member of the State Bar Council. So long as he is holding the office as
Advocate General he can act as the member of the Bar Council.
Powers: The State Bar Council is empowered with the following
powers.
1. It is body corporate.
2. It is a legal body having the autonomous status.
3. It has a common seal and perpetual succession.
4. It can do the following things in its own name. Buying and
selling properties, Entering into agreements, Filing cases.
5. It can constitute executive committee etc.
6. It can frame rules and regulations relating to day to day
administration.
Functions: Advocates Act empowers the State Bar Council to
do the following functions.
1. Enroll the qualified persons as Advocates.
2. Prepare the Advocates roll.
3. Take disciplinary action for professional misconduct.
4. Protect the rights and privileges of the Advocates.
5. Encourage law reforms. For this purpose it organize seminars,
talks and publish journals.
6. Constitute executive committee, enrolment committee,
disciplinary committee, legal aid committee etc.
7. Manage the funds of the Bar Council.
8. Conduct the election for electing the members of the State Bar
Council.
 9. Prepare legal aid programmers and allot separate funds for the
implementation of such schemes.
10. Prepare Schemes for helping the poor Advocates and allot
separate funds for the implementation of such schemes.
11. Grant recognition to the law colleges.
12. Do all other acts which are necessary for the effective
implementation of the above said functions.
Bar Council of India
Constitution: The following persons are the members of the Bar
Council of India.
1. One member from each State Bar Councils. He will be elected
by the members of the respective State Bar Councils.
2. Attorney General of India-Ex Officio member.
3. Solicitor General of India-Ex officio member.
Ex-officio members will continue as members so long as they
hold the offices of Attorney General and Solicitor General posts. The
other members will continue as members so long they are continuing as
members of the State Bar Council.
Powers: Bar Council of India is empowered with the following
powers.
1. It is a body corporate.
2. It is legal persons having the autonomus status.
3. It has a common seal and perpetual succession.
4. It can do the following things in its own name. Buying and
selling properties, Entering into agreements, Filing cases etc.
5. Transfer the name of the Advocate from one state roll to another
state roll on his application.
6. It can constitute executive committee, disciplinary committee,
legal aid committee etc.
7. To hear and decide appeal, review and revision against the
orders of the disciplinary committee of the State Bar Council.
 8. Frame rules relating to day to day administration.

Functions: S.7 of the Advocates Act empowers the Bar Council

of India to perform the following functions.
1. Frame the rules relating to the professional ethics.
2. Frame the rules of procedure to be followed by the disciplinary
committee of the State Bar Councils and the Bar Council of
India.
3. Protect the rights and the privileges of the Advocates.
4. Encourage legal reforms.
5. Decide the repute relating to professional misconduct which is
transferred from the disciplinary committee of the State Bar
Council to the Bar Council of India.
6. Decide the appeal against the disciplinary committee of the State
Bar Council.
7. Supervise the functions of the State Bar Council.
8. Prescribe the syllabus of the law course in consultation with the
State Bar Councils and the universities.
9. Inspect the universities for the purpose of giving recognition to
the law degrees of the universities.
10. Spend the Funds of the Bar Council of India for the proper
purposes.
11. Conduct elections for the purpose of electing its members.
12. Allow the persons studied abroad to practice in India.
13. Do all other acts which are necessary for the effective
implementation of the above said function.

Qualification Prescribed for Enrolment

S.24 of the Advocates Act prescribes the following qualifications for a

person to enroll as an Advocate.

1. He must be a citizen of India.

2. He must have completed 21 years of age.

 3. He must have passed 3 years law course (regular study from the
university after graduation) or 5 years integrated Law course
after 10 +2. If the law degree is from any Foreign University
then it must be a recognized degree, for the Advocates Act by
the Bar Council of India.

4. He should pay an enrolment fee as may be prescribed by the

State Bar Council.

5. He must fulfill such other conditions as may be prescribed by the

State Bar Council for the purpose of enrolment.

No upper age limit for enrolment is fixed in the Advocates Act.

So, after 21 years at any age one can enroll as an Advocate.

In Indian Council of Legal Aid and Advice V. Bar Council of

India (AIR 1995 SC 691) the Bar Council of India by using the rule
making power conferred under S.49 of the Advocates Act made a rule
prohibiting persons above 45 years to enroll as an Advocate. This rule
was challenged as beyond the powers of the Bar Council. The Supreme
Court also accepted this agreement and struck down the said rule as
ultravires to S.49. The court held that the said section empowers the Bar
Council to frame rules only to regulate the legal profession and using this
power the Bar Council cannot make rules prescribing qualifications for
enrolment.

In Sudeer v. Bar Council of India (AIR 1999 SC 1167) the Supreme

Court held that the Bar Council of India Rule prescribing one year pre-
enrolment training apprenticeship, after the law degree, is ultra vires the
rule making power of the Bar Council of India. In this case also the
Supreme Court held that Bar Council cannot make rules prescribing
qualification for the enrolment. Qualifications are already prescribed in
the Advocates Act.
Disqualification of enrolment

The following persons are disqualified to enrole as an Advocate

(S.24A).

1. A person convicted for an offence involving moral turpitude.

 2. A person convicted for an offence under untouchability
(offences) Act, 1955.

3. A person dismissed or removed from government service on any

charge involving moral turpitude.
The disqualification ceases to have effect after the period of two
years of his release from jail or dismissal from service.
There is no disqualification for a person found guilty in the
above said cases and who has been given benefit under the provisions of
the Probation of Offenders Act, 1958.
If an application for the enrolment is refused on any one of the
above grounds of disqualification, the State bar Council has intimate that
fact stating the name, address, reasons for refusal to all other State Bar
Councils, thereby he shall be prevented from applying to the other State
Bar Councils for Enrolment.
A person cannot be permitted to carry on other profession along
with legal profession. So, a person with a law degree is carrying on the
other profession is disqualified to enroll as an Advocate (see Hani Raj
L.Chulani V. Bar council of Maharashtra at P 66).
A full time salaried law officer is not entitled to enrole as an
Advocate (Sathish Kumar Sharma V. Bar Council of Himachal Pradesh
(AIR 2001 SC 509).
Senior Advocate
S.16 of the Advocates Act classifies the Advocates into two
types namely, Senior Advocates and other Advocates.
The Supreme Court or a High Court shall designate an Advocate
with his consent, as Senior Advocate, if the court is of the opinion that by
virtue of his ability, standing at the Bar or special knowledge or
experience in the law, he deserves such distinction. It is a honour and
privilege conferred on an Advocate.
By virtue of the pre-eminence which a senior Advocate enjoys in
the profession, they carry the greatest responsibilities and they should act
as a model to the junior members of the profession. A senior Advocate
more or less occupies a position like a Queen‟s counsel in England next
after the Attorney General, the Solicitor General and the State Advocate
General.
Order-Iv Rule-2regarding the 1966 deals with the rules regarding
the designating an Advocate as an Senior Advocate in thee Supreme
Court and their conditions of practice. Each High court has framed their
own rules of procedures for designating an Advocate as Senior
Advocate.
The Bar Council of India has prescribed the following
restrictions in the matter of practice of a Senior Advocate.
1. A senior Advocate shall not file a vakalatanama or a memo of
appearance or pleading or application in any court or tribunal or
before any person or authority mentioned in S.30 of the Act.
2. A Senior Advocate in the Supreme Court shall not appear
without an Advocate on record in the Supreme Court.
3. A Senior Advocate in the High Court shall not appear Without
an Advocate of the state roll.
4. He shall not accept instructions to draft pleading or affidavits, or
to do any drafting work of an analogous nature.
5. He shall not undertake conveyancing work of any kind what so
ever.
6. He shall not directly accept a case from a client or instructions
from his client to appear in any court or tribunal.
7. He is free to make concessions or give undertakings in course of
arguments on behalf of his client on instructions from the junior
Advocate.
When an Advocate is designated as a Senior Advocate, the
registrar of the Supreme court or the High court, as the case may be, shall
communicate it to all the High courts and the secretary to the State Bar
Council and the Bar Council of India. In the communication, the Name
of the Advocate and the date on which he was designated as the Senior
Advocate should be mentioned.
 Advocate on Record
The Supreme Court rules of practice classifies the Advocates
into three categories. They are (i)Ordinary Advocates (ii) Senior
Advocates (iii) Advocates on Record.
An Advocate should have the following qualifications to become
as an Advocate on Record.
1. He must have completed 4 years of service as Advocate.
2. In addition to the four years of Service as Advocate he should
work for one year with an Advocate On Record, who has more
than 10 years of service.
3. He should pass the Advocate On Record test conducted by the
Supreme Court.
The test will be conducted on the following four subjects for
hundred marks each namely (i)Supreme Court Rules of practice and
procedures, (ii) Drafting and Pleading (iii0 Accountancy for the lawyers
and (v) Leading cases. To pass this test one should get minimum 50% in
each subjects and in aggregate minimum 60%. ie. Totally 240 marks.
The Successful Advocates will be recognized as Advocate On
Record by the Supreme Court and their name will be entered in a
separate register maintained for this purpose. Only Advocates on Record
alone is entitled to file cases in the Supreme Court. Every year they
should submit their annual income and expenditure account to the
Supreme Court.
If an Advocate on Record is selected as the Senior Advocate
then his name will be removed from the register of the Advocate on
Record and will be put in the register of the Senior Advocate.
Advocates Roll
According to S.17 of the Advocates Act, every State Bar Council
shall prepare and maintain a roll of Advocates. It shall contain two parts.
First part containing the list of Senior Advocates and the second part
containing the other Advocates.
 When more than one Advocate is enrolled in a single day, based
on their seniority in age their name will be entered in order.
In the Advocates roll the following details should be mentioned.
The name, Date of Birth, Permanent address, details about his
education, The place where he is interested to practice etc.
A person cannot enroll himself as an Advocate in more than one
Bar Council. A person whose name is registered in one state Roll can
transfer his name in other State Roll on genuine grounds by an
application to the Bar Council of India. If there is no genuine reason for
transfer or any disciplinary proceedings are pendings against him then
transfer application will be rejected.
The State Bar Council should send an authenticated copy of the
Advocates Roll whenever the new Advocates are included or names are
removed from the roll.
Amicus Curiae
Amicus Curiae means „friend of the court‟. He is the person who
is voluntarily or on an invitation of the court gives his opinion to the
Court on a question of law in which the court is doubtful.
Amicus Curiae is not an Advocate retained by any of the parties
to the dispute. He is altogether a stranger to the case. By virtue of his
standing in the profession and the Experience in the particular field of
law the court may request to give his opinion on a particular issue .His
views are only an information or a suggestion to the court. An amicus
curiae can express his views only with the leave of the court. Normally
he is not entitled to any remuneration of such work.
Lawyers Privileges
Privilege means special kind of right. An Advocate being the
officer of the court and belonging to the noble profession enjoys certain
privileges inside and outside the court. The practice of law itself is a
privilege confered on lawyers. It is not open to anyone who wishes to
practice law, only lawyers alone can practice law. Following are some of
the privileges.
1. A Lawyer has the privilege to represent his clients in the court
and tribunals.
 2. A lawyer while going to the court to attend the case or while
returning from the court is exempted from arrest under civil
process.
3. A lawyer has a privilege of becoming judge, Attorney general,
Solicitor General, Advocate General and government councils.
4. Since he is fighting for the justice, he is respected next to God.
Seven Lamps of Advocacy
Justice „Abbot Parry‟ qualifies the following qualities as “Seven
Lamps of Advocacy”. They are (i) Honesty (ii) Courage (iii) Industry
(iv)wit, (v)Eloquence, (vi) Judgement and (vii) Fellowship.
1. Honesty: Honesty is the most important quality that an advocate
should possess. His thoughts words and deeds should have sincere co-
relation to each other with genuineness. An Advocate should be
dependable reliable to everyone who seeks his advise and services. The
uprightness, integrity and honesty of the Advocate will increase his
reputations and respect in the society.
2. Courage: It is the duty of an Advocate to fearlessly uphold the
interest of his client by all fair means without fear of any unpleasant
consequences to himself or any other person. It is the knowledge and the
skill of the Advocate that gives him the necessary courage and
confidence to present the case fearlessly and to uphold the interest of the
client. The knowledge and the skill can be acquired and developed by
mastery of facts, mastery of laws, mastery in drafting and presentations
of convincing arguments.
3. Industry: It means hard work. Hard works is absolutely necessary
for an Advocate. His knowledge of law should be up to date. He shall
never be ignorant of the current law in force. He shall get acquainted
with the latest law by systematic study. If one ignores the law, the law
will also ignore him. That is why it is said that “law is the jealous
mistress”.
4. Wit: Judges and lawyers have to deal with a variety of serious and
important matters affecting life and liberty of the people. So constant
clash between them is common. Anxiety for a favourable verdict on the
part of the lawyers; and perpetual worry for the pursuit of the truth on the
part of the judges generate strain and tension. Occasional wit and
humour, provoking a smile or laughter will help them to ease the tension,
and refresh themselves to sharpen their brain for the effective discharges
of the duties.
 5.Eloquence: Eloquence means the fluency, force and style of using
the language. Strong vocabulary is one of the powerful weapon which an
Advocate should posses. Words are his keys of thoughts. Strong
vocabulary gives him assurance, build his self confidence and build his
personality. Words must be employed with eloquence. The art of
persuasive and impressive speaking will give the desired result in his
favour.
6.Judgement : It means the ability to come to a sensible conclusion
and make wise decisions at the relevant time in the proper way. It is on
the basis of these conclusions he should employ the necessary facts and
the techniques in the case which he is engaged. This quality is necessary
from the beginning of filing the case till its final disposal. An Advocate
must always anticipate all the possible moves of the other side and must
develop the necessary presence of mind , alertness and tact to cope with
any awkward situation of difficulty that may arise in the case.
7.Fellowship: In legal profession, one Advocate fights with another
Advocate for justice before the learned judge. There may be
controversies and contradictions in their contention relating to the case,
but that shall never affect the fellowship. The Advocates should refer the
opposite party‟s Advocate as “Learned Friend” and the judge should be
referred as “Learned Judge”. In order to maintain the fellowship, the
Bar Council of India has laid down certain rules to be observed as the
duty to colleagues.
Panchsheel of the Bar
Panchsheel refers to the following five qualities. They are (i)
Honesty (ii) industry (iii) justice (iv) Service and (v) Philosophy.
1. Honesty: (see P.12).
2. Industry: (see P.12).
3. Justice: An Advocate is as an Officer of the High Court. He
should help the Judge in finding out the truth in the dispute, and help him
to arrive the right decision. For this purpose he shall submit the proper
position of the law, facts and evidence related to the case. An Advocate
has to protect the interest of the client, but at the same time he must
Realize that he is not the mere mouth piece of the client. Therefore,
he shall never resort to unfair the practices. His efforts should be always
to advance the cause of the justice.
4. Service: Legal profession mainly concerned with the promotion
of administration of justice and the establishment of the welfare society.
Therefore, Lawyers shall be willing to protect the right of the oppressed
and the poor. They shall render their service to the general public without
any discrimination.
5. Philosophy: Lawyers should have some Philosophical outlook. An
Advocate has to deal with the variety of disputes both favourable and
unfavourable to his client. So, he should have the required mental fitness
to adjust and accommodate with the changes. It is therefore necessary
that lawyers should be guided by some philosophical principles suitable
to the profession.
Ten commandments of Advocates
The various duties of an Advocate like duties to the client, duties to
the court, duties to the colleagues and duties to the public shall be put
into the following ten rules popularly known as the ten Commandments
of Advocates.

1. Protection of the interest of the client: An Advocate must be

loyal to the interests of the client and fight for his cause without
the fear of any unpleasant consequence to him or any other
person (see duty to the client).
2. Proper Estimation of the value of the Legal Advise: An
Advocate shall not over estimate or under estimate the value of
his advice. He must always give proper legal advice to the client.
3. Honest and Respect: He must be always honest and respectful to
the court.
4. Preparation of the case: He must prepare the case thoroughly
before presenting it to the court.
5. Service: Lawyers shall be willing to protect the rights of the
oppressed and the poor.
6. Loyalty to Law and Justice: He must always give advise to
enhance loyalty to law and justice.
7. Fellowship: He must be always friendly with the fellow-
members of the Bar and more friendly with the young lawyers
and encourage them.
8. Fairness: He must be fair in his dealings with the client, with the
court and with the public
9. Systematic Study: He must develop the habit of systematic study
of the law and acquainted with the latest developments in Law.
 10. Prudence and Diligence: He must always vigilant and active.
He must avoid the easy come and easy-go method.

Darwin’s Theory in Legal Profession.

Darwin‟s theory is that „Survival of the Fittest‟. It means that

only fit person will survive and others cannot survive in this world. This
theory very much implies to the legal person also. It is true that only
professionally fit person alone can survive in the legal profession and
others cannot survive. Though every lawyers are entering the profession,
only very few of them continue in the legal profession, and others leave
the profession in the middle.

One can survive in the legal profession, only he acquires the

good qualities of Advocacy, immediately after joining the profession. If
he fails to do so, he will compelled to leave the profession when others
lawyers who possess the qualities of Advocacy are leading in the
profession. So one should keep it in mind and act accordingly to get the
good qualities of Advocacy.

Meaning of Professional Ethics

The word „ethics‟ derived from the Greek word „ethos‟. It means
the habitual mode of conduct. Professional ethics means a conduct
written or unwritten which prescribes the duties of a profession (legal
Profession).

The legal Profession and the judiciary as a whole in all countries

have been honoured as the „pure fountain of justice‟ and enjoys high
esteem of respect. In order to maintain the respect, lawyers have to
follow certain ethical regulations.

S.49 (I) (C) of the Advocates Act, 1961 empowers the bar
council of India to make rules prescribing the standards of professional
conduct and etiquette to be observed by the advocates. The rules made
by the Bar council shall come into effect only when it is approved by the
Chief justice of India.

In exercise of this rule making power the Bar Council of India

has made several rules prescribing the standards of professional conduct
and etiquette for the advocates. These rules specify the duties of an
Advocate to the court, client, opponent and colleagues etc. These rules
are broadly called as professional ethics.
 Meaning of the term Etiquette

The term etiquette is slightly different from the term ethics. It

refers to the pattern of behavior and the mode in which the person is
required to conduct himself. It springs from the long habit and custom.
Etiquette consists of the following elements namely, elegance, dignity
and decency. The legal profession observe these things as an etiquette.
In order to protect the dignity of the profession the members must
observe the etiquette very strictly. The etiquette requires that an
Advocate should behave himself as an officer of the court, a privileged
member of the community and a gentleman.

Duty to the Court(Rule 1-10)

In the administration of the justice, the role of the advocate is to

help the court to take a right decision in the dispute. While performing
this job, an Advocate is duty bound to perform certain duties to the court.
Following are duties prescribed by the Bar Council rules as duty to the
court, which should be observed by the Advocates.

1. An Advocate shall show due respect to the court and shall never
act in any manner to undermine the confidence in the judiciary.
2. He shall not exert or attempt to exert any personal influence on
the decision of the court, nor shall give any impression that he
possesses personal influence with the judge before whom he
normally practices.
3. He shall be always punctual in attending courts in the prescribed
dress.
4. He shall be fair and frank in the court proceedings.
5. He shall not include any fact which he knows to be false in the
pleadings, petitions or affidavits.
6. He shall not ask for any adjournment of a case without genuine
reasons.
7. He shall not communicate privately with the judges to influence
them relating to any pending case.
8. He shall not speak ill of judges or use abusive remarks about
them. But, if the judge behaves improperly, it is not only the
right but also his duty to report it to the proper authorities.
9. He shall not interrupt when the counsel for the other side or the
judge is speaking.
 10. He shall appear in the court in the prescribed dress and his
appearances shall always be presentable. He shall not wear bands
or gown in the public places.
11. He shall not practice before a judge if he is related to him.
12. He shall not act or plead in any matter in which he has pecuniary
(monetary) interest.
13. He shall not appear for any organization, institution, society or
corporation if he is the member of the executive committee of
such organization, institution, society or corporation.
Duty to the Clients (Rule 11-33)
A client is entrusting a case with an Advocate because of his
trust and confidence on him. In order to honour this trust and confidence
the Bar Council of India rules 11-33 prescribes the following duties as
duty to the client.
1. An Advocate is bound to accept a case in the courts or tribunals
where he is normally practicing.
2. He shall not withdraw from a case which he has already accepted
without sufficient reasons. He shall not withdraw from the case
merely because his fee has not been paid in full. He shall
withdraw from the case only after giving a reasonable notice to
his client. After his withdrawal he must refund such part of the
fees which is in excess in his hand.
3. He shall not accept a case in which he has reason to believe that
he will be called as witness. If he already engaged in a case in
which he is called as a witness then he should return the case.
But, if his retirement will cause irreparable loss to the client then
he can continue to appear as a lawyer.
4. He must make full and frank disclosures to his client relating to
his connection with the parties and his interest in the controversy
which may likely to affect his client‟s interest.
5. He should fearlessly uphold the interest of his client by fair and
honorable means without the fear of any pleasant consequences
to himself or to any other person. He shall not refuse to appear
for an accused person merely because in his personal opinion the
accused has committed the offence.
6. An Advocate appearing as a prosecution counsel shall be fair and
shall not conduct the prosecution with hostility to the accused to
secure conviction. He should not obstruct the defense counsel in
placing the relevant material evidence to prove the innocence of
the accused.
7. He shall not disclose any matter communicated to him in his
professional capacity to any other person without the consent of
his client.
8. He shall not be a party to fomenting of litigation.
9. He should act at the instructions of his client and not at the
instruction of any other person.
10. He shall not stipulate a fee depending on the success of the case
or agree to share the proceeds of the litigation.
11. He shall not buy or agree to share the interest of the litigation.
12. He shall not directly or indirectly bid or purchase in his own
name or in any other name any property sold in execution of a
decree in which he was engaged as a lawyer.
13. He shall not adjust fees payable to him by his client against his
own personal liability to the client.
14. He shall not do anything whereby he abuses or takes advantage
of the confidence reposed in him by the client.
15. He should keep regular accounts of the clients money entrusted
to him. The account should show the particulars of the amount
received from the client and the expenses incurred for him.
16. He should maintain separate accounts for the amount received
for the fees and for the expenses. The amount received for the
expenses shall not be converted for fees without the consent of
the client.
17. Where any amount received on behalf of the client (either from
the court or from any other person) it should be intimated to the
client as early as possible.
18. After the proceedings are over, he shall take the settled fee from
the client‟s money in his hand and the balance, if any should be
returned to the client.
19. If the Advocates fee is left unsettled, he shall take a reasonable
fee from the client‟s money in his hand, after the proceedings are
over.
20. A copy of the clients account shall be furnished to him on
demand.
21. He shall not convert the client‟s money in his hand as loan given
to him by the client.
22. He shall not lend money to his client for the purpose of any legal
proceeding in which he is engaged as the lawyer. But, any
amount given to his client in an unanticipated emergency shall
not be treated as beach of this duty.
 23. An Advocate who has advised or prepared the pleadings or
appeared for a party in any suit or appeal shall not act, appear or
plead for the opposite party.

In addition to the above duties prescribed by the Bar Council of

India an Advocate is expected to perform the following duties also to the
client.
1. He shall give advice to his client honestly and in good faith.
2. He shall prepare the case with due care and skill.
3. He shall submit all relevant documents before the court in
support of the claim of his client.
4. He should attend the court on every day fixed for hearing of his
client‟s case.
5. He should return the whole fees received from his client, if he is
not in a position to conduct the case.

Lawyers Duty to Opponent Party (Rule34&35)

Rule 34 &35 deals with the duties of an Advocate to the

opponent party. They are as follows.

1. Rule 34 provides that an Advocate shall not in any way

communicate or negotiate upon the subject matter of dispute
with the opposite party directly. For any reasons, If we want to
communicate anything then it should be done through his
Advocate.
2. Rule 35 provides that an Advocate shall do his best to carry out
all legitimate promises made to the opposite party. Even if such
promises are not in writing or not enforceable under the rules of
the court, he must try his level best to perform his promises.
3. He shall not use unfair and malicious tactics against the
opponents.
4. He shall not abuse the rules of evidence and the process of the
court in order to injure the opponent.
5. He shall not make baseless attacks on the reputation of the
opponent or his witness or unduly harass them.
6. He may make concessions to the convenience of the opponent
and his lawyer in fixing the date of trial.
 Duty to profession (rule 36-40)

Every Advocate owes an obligation to uplift the profession to

which he belongs. He must avoid any conduct that may lead to lower the
standards of the profession. He shall never forget that he belongs to the
noble profession. Following are some of his important duties to the
profession. These duties are incorporated with the intention of raising the
standards of the profession.

1. An Advocate shall not speak ill of the profession. He should

conduct himself in such a way to enhance respect, sympathy and
good feeling between the members of the profession and strive to
maintain the honour and dignity of the profession.
2. He shall not discuss in the newspapers any pending case or
appeal.
3. He shall not in any way solicit cases by advertisement or
otherwise.
4. He shall not act or plead in his professional capacity before any
officer of the state not exercising judicial or quasi-judicial
powers.
5. He shall not appoint intermediaries for procuring cases and
divide the fees between them or pay commission to them for
such work.
6. He shall not entertain or show any undue hospitality to any
particular judge.
7. He shall not place himself in the situation which may be
unbecoming of a member of the bar.
8. He shall not oppose the desire of his client for additional
professional help or assistance from other lawyers also.
9. He must appear in robes in the court proceedings. He shall not
wear robes or gown in public places except on ceremonial
occasion.
10. He shall not act as a managing Director or a secretary of a
company without the leave of the Bar Council.
11. He shall not work as a full time salaried employee.
 12. He shall not do any other business. An advocate who inherits any
family business may continue it, but he should not personally
participate in the management of the business.

Duty to Render Legal Aid

Justice is a great interest of man on earth and the lawyer is the
high priest in the shrine of justice. The quality of justice, to a great
extent, depends on the moral quality, integrity and fairness of the
lawyers. To develop their moral qualities, the lawyers must actively
participate in the legal and aid programs and give free legal services to
the poor and the needy people. This is one of the important duty an
Advocate ows to the society.
If a lawyer personally knows that his client is unable to pay
because of poverty then he must represent the case without demanding
any fees from him.
Similarly, when the court appoints a lawyer to defend an
accused, it is his moral obligation to accept such order and discharge his
duties towards the court and the accused by the best use of his
knowledge and ability.
Lawyers shall co-operate and actively participate in joining
hands with the local area legal services Authorities in organizing Lok
Adalats and Legal Aid programs and conciliation proceedings.
Restriction on other Employments
Bar council of India Rule-40 restricts the Advocates not to
personally engage in any other business other than the legal profession.
The reason for this restriction is that he should fully concentrate in the
legal profession and elevate it to the high stand . If he is allowed to do
other business then that may lower down the standard of this profession.
If he join as a full time salaried employee either in the
Government or in the private sector he must request the Bar Council to
remove his name from the Advocates Roll.
Though there is general restriction on other employment, there is
no restriction for engaging himself in the following works.
He can be a Sleeping partner in a business, if in the opinion of
the State Bar Council that business is not inconsistent with the
profession.
 1. An Advocate who has inherited a family business shall continue
it, but he shall not personally participate in the management of
the business.
2. He shall engage himself in writing Law Books.
3. He shall join as a part-time Law Teacher or any other part –time
job which may not be inconsistent with the legal profession. The
part-time job should not exceed more than 3 hours in a day.
4. He shall prepare question papers for the Exams.
5. He shall review parliamentary Bill for a remuneration.
6. He shall act as a member of the parliament or Member of the
State Assembly.
7. He shall study Post Graduate course in Law without suspending
his practice.
An Advocate who is engaged in other business shall be punished
for professional misconduct (see Dr.kaniraj L.Sulani V. Bar Council of
Maharashtra at P 66, Babulal v, Subash Jain at p 49 and Sharma
v. Grudial singh at P 58).
Duty to Self
Legal profession is the noble profession. The degree of standard
expected from the lawyer with respect to his knowledge, skill and ability
is so high. So, an Advocate should follow the following duties as duty to
self.

1. An Advocate must develop the habit of systematic study of law

and acquire up-to-date knowledge in law.
2. He shall exercise prudence, deligience and judiciousness in all
his activities.
3. He shall never be a party to anything which he known to be
wrong.
4. He shall not stir up litigations.
5. He should discourage vexations (groundless)litigation.
6. He shall encourage compromise between the parties.
7. HE shall not indulge in any act which amounts to professional
misconduct.
8. He should not do any act which amounts to contempt of the
court.
 9. He must be fair and honest in his dealings.
Duty to colleagues
In order to maintain good relation among the members of the
Bar, an Advocate has to perform the following duties to colleagues.

1. An Advocate shall not enter appearance in any case in which

there is already an Advocate.
2. He shall not in any way solicit cases by advertisement or
otherwise.
3. He shall not allow his name to be used by some other person for
unauthorized practice of law.
4. He shall not accept a fee less than the fee chargeable under law.

Restriction on Advertisement.
Rule 36 of Bar Council of India restricts the Advocates not to
advertise about the profession. This restriction is imposed because
Advocate profession is the noble profession.
Due to this restriction Advocates are banned to do the following
things.
1. Directly or indirectly advertise about their profession.
2. Publishing his photo along the news regarding his appearance in
a case.
3. Circulation of phamplets or giving advertisement with a view of
soliciting case.
His name board should be small and in prescribed size. In the
name board the following matters should not be mentioned.
1. Information relating to his membership in Bar Council or post in
the Bar Association.
2. Information about the specialization in a particular branch of
law.
3. Information about Ex-Judicial Officer or Ex-Government
Advocate.
4. Information about his membership in other associations.
 Making advertisement against the above said restrictions will be
treated as professional misconduct.

Refusing to Accept a Case

An Advocate shall not refuse to accept a case, if the client asks

to file or defend a case in a court or a tribunal where he normally
practice. This is one of the important duty to the client. But in the
following situations he can refuse to accept a case.

1. If he has reasons to believe that he may be called as witness in

the case.
2. If he has already given the advise or prepared the pleadings for
the opposite party.
3. If he is physically disabled from appearing.
4. When he may not be available to present the case in the court.
5. Where he confines his practice in some courts only.

Professional Misconduct
Misconduct means dereliction of duty. Professional misconduct
means dereliction of duty relating to Legal profession. Under S.35 of the
Advocates Act, An Advocate is punishable not only for professional
misconduct but also for other misconduct. Other misconduct means a
misconduct not directly connected with the legal profession.
Professional misconduct arises as a result of serious dereliction
of duties to the court, to the client, to the opponent, to the colleagues, to
the profession, to the public etc. Following are some of the instances of
professional misconduct.

1. Making false allegation against judicial officers.

2. Deliberately lodging groundless criminal complaint.
3. Making groundless and insulting charges against witness.
4. Refusing to accept a case without justification.
5. Attending court proceedings in drunken state.
6. Attempting to influence judicial officers for favour.
7. Carrying on other trade or business.
8. Committing crimes.
9. Financing litigation.
10. Obtaining client‟s signature on blank papers.
11. Shouting slogans or holding demonstration in front of the court.
12. Approaching investigative officers for favour during
investigation of a case.
13. Writing letter to the presiding officer in connection with the
pending case.
14. Tampering with the witness
15. Suggesting the client to bribe the presiding officer.
16. Moving application before any court or authority before
informing that a similar application has been presented before
any authority or rejected by any authority.
17. An exclusively retained pleader accepting a case against the
client from the opposite party.
18. Failure to appear in the proceedings of a case without any
sufficient reason.
19. Retaining the judgments of the trial court with the intention of
getting himself engaged in appeal.
20. Presenting the plaint with insufficient court fee stamp, when the
client has given money for the court fee.
21. Alleging partiality against presiding officer in open court.
22. Tampering with records and documents.
23. Writing letters to persons for soliciting cases.
24. Reporting no instructions from his client and subsequently
appearing for the opposite party in the same suit.
25. Advertising about his profession.
26. Taking advantage of the ignorance and illiteracy of the clients,
demanding money from them on false representations that is
required for court purposes and misappropriating the same.
27. Misappropriation of decreed amount payable to the client.
28. Giving wrong advice to the client.
29. Taking money from the client for the purpose of giving bribe.
30. Suppression of truth.
31. Changing sides.
32. Indecent cross examination.
33. Committing contempt of court.
34. False identifications of deponents.
35. Gross negligence involving moral turpitude.
 36. Appearing without authority ie. On forged vakalath.
37. Failure to attend the trial.
38. Attesting forged affidavit.
39. Abstaining from appearing in court on the ground of strike called
by the Bar association.
40. Misleading the court resulting in eronious order.
Punishment for misconduct
The Disciplinary committee of the State Bar Council after
hearing the Advocate concerned and the Advocate general comes to the
conclusion that the misconduct is proved that it may pass any of the
following orders, namely
(i) Reprimand the Advocate.
(ii) Suspend the Advocate from the practice for such period as it thinks
fit.
(iii) Remove the name of the Advocate from the Advocates Roll.
Punishment may be awarded depending on the gravity of
misconduct established against him. The punishment to remove from the
Advocates Roll is awarded only in the cases where the misconduct is of
such nature that the Advocate is unworthy of remaining in the profession.
Where an Advocate is suspended from the practice he shall not
practice in any court or tribunal or any authority or person during the
suspended period.
Where notice is issued to the Advocate general, he may appear
before the disciplinary committee in person or through any Advocate
appearing on his behalf. If the misconduct is not proved beyond
reasonable doubt then the disciplinary committee shall dismiss the
petition.
Remedies against the order of punishment
1. Appeal to the Bar council of India (s 37): Any person
aggrieved by the order of the disciplinary committee of the State Bar
Council, or the Advocate general of the State may within 60 days from
the date of the order may prefer an appeal to the Bar Council of India.
The appeal shall be filed in person or through by Advocate or by
registered post. He must submit 5 copies of appeal memorandum along
with the attested copy of the order of the State Bar Council.
Such appeal shall be heard by the disciplinary committee of the
Bar Council of India and after hearing it may pass any order it deems fit
ie., it can confirm. The order of the State Bar Council, or increase or
reduce the punishment, or totally remove the punishment.
2. Appeal to the Supreme Court : Any person aggrieved by an
order made by the Disciplinary committee of the Bar Council of India, or
the Attorney General of India may within 60 days from the date of order
prefer an appeal to the Supreme court. The Supreme Court after hearing
the parties concerned shall pass any order as it thinks fit.
Normally, the Supreme court will not interfere with the
concurrent findings of fact by the disciplinary committee of the Bar
Council of India and the State Bar Council. If the finding is based on no
evidence then the court will examine it.
3. Stay of the order: For the convenience of filing an appeal
against the order of the State Bar Council or the Bar Council of India, the
aggrieved party can file an application before the concerned Bar Council
which has passed the order to stay the order still appeal is filed. If
genuine grounds are there then the concerned Bar Council can stay the
order.
Similarly, after filing the appeal before the Bar council of India
or before the Supreme Court the aggrieved party can ask for the stay of
the order still the disposal of the appeal. If the genuine grounds are there
then the Bar Council or Supreme Court shall stay the order still the
disposal of the appeal.
Review of its own order by the State Bar Council
According to S.44, the Disciplinary committee of a State Bar
council is empowered to review its own order either on its own motion or
an application by the aggrieved party within 60 days from the date of
order.
In the review proceedings also the State Bar council will hear the
concerned parties before making any order.
Any order passed in review by the disciplinary committee of the
state Bar Council shall have effect only when it is approved by the Bar
Council of India.
The Disciplinary committee of the Bar Council of India has no
power to review its own order (S.48 AA).
Disciplinary Committee of the State Bar Council
Organaisation: S.9 of the Advocates Act empowers the state Bar
Councils to constitute one or more Disciplinary Committees. Each
Disciplinary Committee shall consists of 3 members. Two shall be
selected from the members of the Bar Council and one shall be selected
from the Advocates who are having more than 10 years of standing in
profession. Among the three members the senior most in the profession
shall act as the chairman of the committee.
Powers : S.42 of the Advocates Act deals with the power of
Disciplinary committee. It provides that the Disciplinary Committee of
the State Bar Council shall have the same powers same like the civil
court under the C.P.C. in respect of the following matters.
1. Summoning and enforcing the attendence of any person and
examining him on oath.
2. Requiring discovery and production of any documents.
3. Receiving evidence on affidavit.
4. Requiring any public record or copies of any record from any
court or office.
5. Issuing commissions for the examinations of witness or
documents.
The disciplinary committee has no right to require the attendance
of the following presons.
(i) Any presiding officer of the court.
(ii) Any officer of the revenue court.
A presiding officer of a court shall be summoned to attend the
proceedings of the Disciplinary Committee with permission of the High
Court and an officer of the revenue court shall be summoned with the
permission of the State Govt.
All the proceedings before the Disciplinary Committee of a Bar
Council shall be deemed to a judicial proceedings within the meaning of
S.193 & 228 of I.P.C and every such disciplinary Committee shall be
deemed to be a civil court.
Enquiry Procedure: The main function of the Disciplinary
Committee of the Bar Council is to enquire the complaints of
professional misconduct against the Advocates award suitable
punishments. In the enquiry the following procedures prescribe under
S.35 of the Advocates Act should be followed.
1. On perusal of the complaint, if the Bar council is satisfied that it
is a fit case for enquiry then the complaint shall be referred for
enquiry to the Disciplinary Committee.
 2. The Disciplinary Committee shall fix a date for enquiry and shall
send notice to the concerned Advocate and the Advocate General
of the State.
3. The Advocate charged with the professional misconduct shall
appear in person or through the Lawyer. Similarly, the Advocate
general also appear in person or through a lawyer.
4. The Disciplinary Committee should complete the enquiry
proceedings within one year from the date of receipt of the
complaint. Due to any reason, if the enquiry was not completed
within one year then the complaint should be referred to the Bar
Council of India for its disposal.
5. During the pendency of the enquiry if the term of the
Disciplinary Committee comes to an end then the successor
committee shall continue the enquiry.
6. After the enquiry due to the lack of majority opinion or
otherwise if the Disciplinary Committee was unable to take a
final decision then they shall seek the opinion of the chairman of
the bar council and shall pass the final order following his
opinion.
Disciplinary Committee of the Bar Council of India
Organisation: Same as the Disciplinary committee of the State
Bar Council (see P.30).
Powers: The Disciplinary Committee of the Bar Council Of
India shall having the following powers.
1. It shall enquire the charges of the professional misconduct
against Advocates whose name is there in the roll of any of the
State Bar Council.
2. Enquire the complaints in which the Disciplinary Committee of
the State Bar Council has not completed the enquiry within one
year from the date of receipt of the complaint.
3. Hear the appeal against the order of the State Bar Council.
4. Allowing the State Bar Council to review its own order.

Just like the Disciplinary Committee of the State Bar Council,

the Bar Council of India Disciplinary committee is also having powers
like a civil court.( See P.31).
Enquiry Procedure : ( Same as that of the Disciplinary Committee of
the Bar Council. See P.31).
Transfer of proceedings from the State Bar Council to the Bar
Council of India
If the State Bar Council after verification is satisfied that the
charges of professional misconduct is a fit case for enquiry then it shall
refer it to the Disciplinary Committee for the enquiry.
The Disciplinary Committee must complete the enquiry
proceedings within one year from the date of receipt. The main object of
putting a time bound enquiry is speedy disposal of the cases. Due to any
reason, if the enquiry was not completed within a year then the complaint
should be transferred to the Bar Council of India for enquiry. The
transfer should be made by the suo-motou by the State Bar Council
(S.36 B).
The complaints so transferred shall be enquired by the
Disciplinary Committee of the Bar Council Of India and pass suitable
orders as it thinks fit. There is no time limit for the Bar Council of India
to complete the enquiry.
Advocates Welfare Fund
Rule 44-A provides for the creation of Advocates Welfare
Committee both in the Bar Council Of India and in the State Bar
Councils. The Bar Council of India Advocates Welfare committee shall
consist of 5 members, elected from among the members of the Bar
Council Of India. The State Bar Council Advocates Welfare committee
shall consist of 2 members elected from the State bar Council and the
Bar Council of India member from the State shall act as ex-officio
secretary. These committee shall implement the welfare schemes
approved by the Bar Council of India to the Advocates.
Every Advocate shall pay a sum of rupees decided by the Bar
Council as subscription. All the amount so collected by the State Bar
Council shall be remitted in a separate account known as “Advocates
Welfare Fund” maintained in a nationalized Bank. The amount shall be
utilized for the welfare of the Advocates.
If any Advocate fails of pay his subscription within the
prescribed time, the secretary of the State Bar Council shall issue a
notice to him to show cause, within a month why his name may not be
suspended from the Advocates roll. If the Advocate pay the amount
together with a late fee of Rs. 5 per month subject to a maximum of
Rs.30/- within the period specified in the notice, the proceedings against
him shall be dropped.
If the Advocate does not pay the amount or fails to show
sufficient cause, a committee of 3 members constituted by the State Bar
Council in this behalf, shall decided the matter and pass suitable orders.
Tamilnadu Advocates Welfare Fund
Tamilnadu Advocates Welfare fund Act,1987 empowers the
state Bar Council to create a fund called Tamilnadu Advocates Welfare
Fund. This fund is different from the fund which every state Bar Council
creates under S.44(A) of the Advocates Act.
Membership : Persons enrolled as an Advocate in the Tamil
Nadu Bar Council and a member in any one of the recognized Bar
Association in TamilNadu shall become as a member in this fund.
Subscription: For getting the benefits from this fund one has to
pay the following subscription.
1. Entry fee of Rs.200/- (one time payment) at the time of Joining.
2. The annual subscription for those who are having less than 10
years of standing is Rs. 200/-
3. The Annual Subscription for those who are having less than 20
years of standing is Rs. 100/-
4. Life membership fee for senior Advocates is Rs. 10,000/- for
others Rs. 2000/-
5. In the vakalath and other documents filed in the court 5 rupees
Advocates Welfare Fund Stamp should be pasted. The amount
so collected will be remitted in this fund.
Benefits: For the members of this fund following benefits will be
given.
1. Those who are members in this fund for minimum 5 years, if
retires from the profession, will be paid pension as per the
Schedule attached in this Act.
2. If the member dies his nominee is entitled for Rs. One lakh. If
the diseased member is receiving pension either from
Government or from other Organisation then this benefit will not
be given.
 CHAPTER-II
BAR BENCH RERLATIONS
CONTEMPT OF COURT
Object of the Act: The main object of the contempt of court Act
is to protect the dignity and decorum of the court and to uphold the
majesty of law. The object is not to protect the judges from criticism. By
providing punishment for contempt of the court the ability to deliver
fearless and impartial justice is strengthened.
Definition: The definition given in the Act for the term contempt
of court is not exhaustive. It is difficult to define it by words, because the
scope of contempt of court is very wide. Contempt means
(i)Any disrespect to the authority of law.
(ii) Disobedience of the order of the court.
(iii) Disturbance to the proceedings of the court.
Types: Following are the types of contempt (i) Civil contempt
and(ii)Criminal contempt.
Civil contempt
S.2(b)defines the term `civil contempt ‟.`It means (i)Willful
disobedience to any judgemaent,decree,direction,order,writ or other
process of a court;or(ii)Willful breach of an undertaking given to a court.
For taking action for civil contempt on the ground of willful
disobedience of court order, it should be established that the court which
has passed the order has jurisdiction to pass such order. Disobedience of
an order passed without jurisdiction is not a Contempt must prove that
the court has no jurisdiction.
A willful breach of an unconditional undertaking given orally or
in writing either in person or through his Advocate will be treated as civil
contempt. When undertakings are given orally , the court shall record it
in the proceedings.
Breach of a compromise entered in the court cannot be treated as
civil contempt. The remedy in such cases is only a civil suit for specific
performance of the promise.
Punishment: S.12 prescribes the punishment for contempt. court
may award any one of the following punishments.
(i) Simple imprisonment for a term which may extend to 6 months.
 (ii) Fine which may extend to Rs.2000/-.
(iii)Both the punishment ie., Imprisonment and fine together.
Criminal contempt
S.2C defines the term `criminal contempt‟. It means
(i) Publication of any matter (by words, spoken or written, or by
signs or by visible representation or otherwise.)
(ii) Doing of any other act which
(a) Scandalises or tenda to scandalide, or lowers or tends to lower
the authority of any court; or
(b) Prejudices or interferes or tends to interfere with the due course
of judicial proceeding; or
(c) Interferes or tends to interfere with, or obstructs or tends to
obstruct the Administration of justice.
Publication means publishing something orally or in writing
through news paper, pamplets, radio, television or cinema. conversation
between two persons cannot be treated as publication.
To decide criminal contempt, the absence of criminal intention
on the part of the person who has published the matter containing
criminal contempt or done the act of contempt will not be taken into
account.
In E.M.S.Nambothribad v.T.N.Mambiar (AIR 1970 SC 2015)
the then Chief Minister of Kerala, Mr.Nambothribad in a press meet
expressed the following about judiciary. judiciary is responsible for the
suppression of people. Judges are favouring some class of people and
working against the other classes. Judiciary is acting against the interest
of working class and the agriculturist. judiciary is helping the oppressor
group. The supreme court held that the act of Mr. Nambothribad amounts
to criminal contempt.
Making complaint against a Judge about his misconduct with
sufficient evidence to the higher authorities is not a contempt. But, the
same complaint is published in any manner then it amounts to contempt.
Preventing the court Amin from executing the court order,
Threatening an Advocate not to appear in a particular case, Threatening
the witness, Preventing the witnesses from attending the courts,
Preventing the Commissioner from performing his duties are treated as
criminal contempt.(see D.C. Saxina v. Chief Justice of India at P 67).
 Punishment: Punishment for the criminal contempt is same like
civil contempt.(see p 36)
Punishment for contempt
S.12 Prescribes the punishment for contempt of court.
punishment is same for the civil as well as the criminal contempt. If the
charge of contempt of court is proved, the Court shall award any one of
the following punishment.
1.Simple imprisonment for a term which may extend to 6 months.
2.Fine which may extend to Rs.2000/-.
3.Both the punishments ie., imprisonment and fine together.
According to S.12(2),For contempt of court any one of the
above mentioned punishment alone can be given and not any other
punishment alone can be given and not any other punishment. But, in
Delhi Judicial Services Association v. State of Gujarat (AIR 1991 SC
2176)the Supreme Court held punishment not mentioned in S.12 can also
be given for contempt of court.
In Re Vinay Chandra Mishra (AIR 1995 SC2348)the supreme
court held that for contempt of court committed by an Advocate, he shall
be suspended from practice for a fixed period or he shall be permanently
restrained from practice.
The Supreme Court Bar Association has filed a review petition
against this order. In which the supreme court held that for contempt of
court the court cannot cancel the Advocates right to practice. But, he
shall be suspended from practice for a fixed period.
For the civil contempt, normally fine alone will be imposed. If
the court thinks that fine alone is not a sufficient punishment then he
shall be put in the civil prison instead of ordinary imprisonment.
If the contempt of court is committed by a company in collusion
of the Directors, Secretary and other Managerical staff then shall be
detained in the civil prison.
If the contempt is committed by a firm then the punishment shall
be enforced against the partners of the firm.
Defences in Criminal Contempt
Or
Criminal Contempt not Punishable
S.3 to 7 deals with the defences avilable in Criminal Contempt. They
are as follows:
 1.Innocent Publication(S.3):A person shall not be guilty of
contempt of court if he had made any innocent publication of any matter
pending before a court without knowing that the mater is pending a
court. The person charge with contempt must prove that publication is
made without knowing that the Matter is pending in the court.
2.Publication Relating to a Decided Case (S.3(2)):Publication
about the decided case is not a contempt since the case is already
decided by the court, the publication is not going to interfere with the
disposal of the case. that is why it is not treated as contempt.
3.Distribution of publication without knowing that it contains
contempt of court Matter(S.3(3)): If a person distributes and publication
without knowing that it contains contempt of court matter then it cannot
be treated as contempt. If the publication does not contain the name and
address of the Author, publisher and printer then this defence cannot be
used by the person distributing such publications.
4.Fair and Accurate Reporting of Judicial Proceedings(S.4): Fair
and accurate reporting of judicial proceedings is not a contempt. This is
because we are following the principle of openness in the matter of
administration of justice.
The following reporting of judicial proceedings though it is fair and
accurate it will be treated as contempt of court.
1. Reporting of the proceedings against any law which is in force.
2. Reporting of the proceedings when the court has prohibited the
reporting in the interest of the general public.
3. Reporting of the proceedings conducted in the judges chamber in
the interest of defence of public order.
4. Reporting of information relating to secret process, discovery or
invention which is an issue in the case.
5. Fair Criticism of Judicial Act(S.5): A proper and fair comment
on a decision is not a contempt of court. Criticism is permitted to the
extent where it does not interfere with the administration of justice. So, it
is open to any one to express fair, reasonable and legitimate criticism of a
judicial decision.
6. Bonafide Complaint against the Presiding Officers of a
subordinate court(S.6): A bonafide complaint made in good faith against
the presiding officer of a subordinate court to the higher authorities, who
have control over such subordinate court, is not a contempt.
7. No Substantial Interference with the Administration of Justice: It
means an act which is technically a contempt but such act does snot
substantially interfere with the administration of justice. For such acts no
punishment is awarded.
Defences in the Civil Contempt
or
Civil Contempt not Punishable
Following are some of the important defences available to a person
charged with civil contempt.
1. Disobedience of the Order is Not Willful: If the disobedience of
the order is accidental or which is not willful then it‟s a good
defence in a civil contempt proceedings.
2. The Order Passed Without Jurisdiction: If the order passed by
the court is without jurisdiction then the disobedience or violation
of such order cannot be treated as contempt of court.
An order passed without jurisdiction is void, hence it won‟t bind
any person. The person charged with contempt must prove that the
court has no jurisdiction to pass such order.
3. Order Disobeyed is Vague or Ambiguous: An order is treated as
vague if it is not clear, specific and complete. For violation of such
order contempt proceedings cannot be taken.
4. Order Involves More than One Reasonable Interpretation: If
the order of the court involves more than reasonable
interpretation, and one interpretation is adopted by the party and
acted in accordance with such interpretation then he cannot be held
liable for contempt of court for not following the order
interpretation.
5. Compliance with the Order is Impossible: Impossibility means
that the implementation of the order is practically not possible
.impossible is different from mere difficulty. Mere difficulty is not
a defence. The person charged with contempt must prove the
impossibility of compliance with the order.
In Amar Singh v.K.P Geatha Krishnan(1993,I SCR 465)the court
has passed on order to give some benefits to the retired employees. This
order was not implemented. In the contempt proceeding it was argued
that the implementation of the order involves huge expenditure hence
compliance with the order is impossible. The court has not accepted this
defence.
 6.No Knowledge of the Order: A person cannot be held liable
for civil contempt, if he has no knowledge about the order. If he has
knowledge about the order, through it is not officially communicated to
him, then he cannot put this defence for violation of the order.
Contempt against Subordinate Court
The Contempt of court Act, 1971 confers power only to the Supreme
Court and High Courts to try the contempt of court and award suitable
punishment.
Contempt of court against the subordinate courts shall be tried by the
High court. The concerned subordinate court or the Advocate General of
the state shall file the petition before the High court. In the Union
Territories, the officer authorized in this behalf shall file the petition.
A contempt which comes within the definition of S.228 of I.P.C.
shall be tried and punished by the subordinate courts.
S.228: When judicial proceedings are going on, a person causing
disturbance to the proceedings and thereby shows disrespect to the court
shall be punished with simple imprisonment for a term which may
extend to 6 months or with a fine which may extend to Rs.1000/-or with
both.
In the trial of such cases the court shall follow the procedure laid
down in S.345 & 346 of Criminal procedure Code. This section deals
with summary procedure. So the court shall follow summary procedure
and no detailed enquiry is needed.
Contempt Procedure in the Supreme
Court or the High Court
The Contempt of the court Act confers the following two types of
powers to the supreme court and the High courts with regard to
contempt of court.
1. Power to punish a person who has committed contempt of court
inside the court(S.14).
2. Power to punish a person who has committed contempt of court
outside the court(S.15).
1. Contempt of Court Inside the Court: When judicial proceedings
are going on, if it appears to the court that a person is guilty of contempt
of court in their presence then the court shall take the following actions.
(i) Pass an order to arrest the person.
 (ii) Give a notice in writing immediately regarding the charges against
him.
(iii) Offered him opportunity to make his defence to the charge.
(iv) Take such evidence as may be necessary or as may be offered by
such person and hear him.
During the trial, if the person charged with contempt applies either
orally or in writing, for a trial by some other judge other than the judge in
whose presence the alleged contempt is committed then the request along
with the statement of facts of the alleged contempt shall be placed before
the Chief Justice shall be taken as evidence.
If the case is transferred to some other Judge then the judge in whose
presence the alleged contempt was committed need not appear as
witness. The facts submitted by him to the Chief Justice shall be taken as
evidence.
During the pendency of the proceedings, the person charged with
contempt shall be detained in such custody as the court may specify. He
may be released on bail with or without sureties or on a self bond as the
court thinks fit.
In Sugdev Singh v. Deeja Singh(AIR 1954 SC 186)the supreme
court has advised that to the extent possible, the judge in whose presence
the alleged contempt was committed, must avoid to conduct the trial by
himself.
2.Contempt of Court Outside the Court: The supreme court or the
High Court shall take action for contempt of court committed outside the
court in the following situations.
(i) On its own motion.
(ii) On a petition made by the Advocate General(in relation to the
High Court)( or the Attorney General or the solicitor General(in
relation to the Supreme Court).
(iii) On a petition by any other person(if consent is given in writing to
file such petition by the Advocate General or Attorney General or
Solicitor General as the case may be).
A person cannot file a contempt of court petition without the consent
of the Advocate General or the Attorney General or the Solicitor
General. After Admitting a petition the court shall follow the following
procedure.
 1. Notice shall be sent to the person charged with contempt.
2. Person charged with contempt shall be allowed to submit his
defence in an affidavit.
3. The trial shall be conducted by persuing the defences submitted by
him or taking such other evidences as may be necessary.
4. The trial shall be conducted by a bench consisting of two judges.
5. If the court feels that the person charged with contempt may
abscond then his properties shall be attached.
Limitation: The limitation period for filing a petition for contempt
of court is one year. After one year even the court cannot take action on
its own motion(s.20).
Contempt by Judicial Officers
S.16 of the Act deals with contempt by judges, Magistrates and other
persons acting Judicially. According to this section these persons are also
liable for contempt of his own court or any other court just like an
ordinary individual. If they are not made liable for contempt then people
may lose faith on judiciary by the contempt act of judges.
Observation or remark made by a Judge regarding a subordinate
court in an appeal or revision pending before him shall not be treated as
contempt of court.
In State of Rajasthan v.Prakash Chand (AIR 1988 SC 1344)the
Supreme Court held that S.16 has no application against the judges of
the High Court and the Supreme Court. So they cannot be punished for
contempt of court.
In B.K.Mishra v.Bhemsen Dixit (1973, 1 SCC 446)the Supreme Court
held that refusal to follow the decision of the High Court or the Supreme
Court by a subordinate court amounts to contempt of court.
No Special Privilege for Advocates: In the contempt of court Act, there
is no special privilege for Advocates. A contempt of court Act, A
contempt of court committed by an Advocate will be dealt with just like
a contempt committed by any other person.
Bar Bench Relations
The court hall where cases are conducted consists of two parts namely:
(i) The place where the judges sit is called as Bench
(ii) The place where the Advocate sit is called as Bar.
 So the term `Bench‟ refers to the judges and the `Bar‟ refers to the
Advocates. Bar-Bench relation means the cardial relation between the
judges and the Advocates.
The faith on the judiciary to the general public and the speedy justice
mainly depends on the cardial relation between the judges and the
Advocates. In the Administration of justice the role of Advocates are also
equally important just like the judges. Rendering justice is their joint
responsibility. Without the help of Advocates, it is very difficult for the
judges to arrive a correct decision in a dispute.
If good relation exists between exists between the judges and
Advocates then delay in rendering justice and high expences for getting
justice can be very much reduced. To strengthen the good relation both
should have some good qualities and mutual responsibilities.
Role of the Bar to Strengthen Bar-Bench Relation
To strengthen the Bar-Bench relation, the Advocates must take the
following steps.
1. They should give the due respect to the judges and they must
avoid speaking ill of the judges and the judiciary.
2. They should help the judges in the trial of the cases by
presenting the relevant law in the correct and clear manner. They
should never act in such away to irritate the judges.
3. If the judges pronounces a wrong order, they should not criticize
the judges. They should try to set right the wrong order through
appeal.
4. For getting favourable order they should not give pressure or
influence the judges.
5. If the judges behavior is irritating and disrespect to the
Advocates should not enter in to a direct confrontation with the
judge. Through the Bar Association the matter should be
discussed with the judge in his chamber and shall request to
avoid such misbehavior.(see generally the Duties to the court at
p 16)
Role of the Bench to Strengthen Bar –Bench Relation
Only when Bar-Bench relations are strengthened, people will get
confidence and fair on the Judiciary. To strengthen Bar-Bench relation
the Judges should follow and practice the following.
 1. Judicial Respect: Just like the Advocates are giving respect to the
Judges the Judges should also give to the Advocates and the brethren
Judges.
2. Patient Hearing: Judges should hear the case with open and
respective mind without any prejudice or bias. They should act only to
the interest of justice. They should give sufficient opportunity for the
Advocates to present the case in full.
3. Impartiality: Judges should act impartialy. They should not act in
favour of any Advocate or a party to the dispute.
4. Avoidance of Interruptions: As far a possible, Judges must avoid
interruptions while the Advocate is examining witnesses and arguing the
case.
Unwarrented interference and adverse comments by the Judges may
upset the Advocates and thereby he may not be able to present the case
properly. This may cause the failure of justice.
Interference may be limited to the following circumstances(i)to
prevent repetition and waste of time(ii)to check the relevancy(iii)to get
clarifications (iv)to express courts view on a point and (v)to promote
speedy disposal of the case.
5. Proper Interpretation: During the process of administration of
justice, often the courts have to interpret the Act, Rules, Orders and
Notifications in order to ascertain the actual meaning of the provisions or
to remove the ambiguity or inconsistency. In such cases proper
interpretation should be given with the object of rendering complete
justice to the parties.
6. Avoidance of Unreasonable Adjournments: Adjournments are
given to afford reasonable opportunity to the parties to present the case.
As far as possible cases shall not be adjourned without reasonable and
sufficient grounds . Unreasonable adjournment is the main reason for the
mounting arrears of cases and it causes hardship to the parties.
7. Speedy Disposal: `Justice delayed is justice denied‟, hence cases
should be disposed off as quickly as possible. When preference is given
for disposal of old cases, care should be given to see that new cases
should not get into arrears.
8.Avoiding Unwarranted comments: Judges should not make any
unwarranted comments in the open court about the Advocates lack of
knowledge in the law. They should not ask any Advocate to leave the
court, without sufficient reasons. Similarly, they should not ask any
Advocate not to come to his court hereafter.
9.Knowing in Law: Judges should possess deep knowledge in law.
They should have the ability to apply the proper law to the disputed facts
and to take the right decision.
10. Independence: Judges have the primary responsibility to protect
and preserve the independence of judiciary, hence they should not yield
to the pressure of the Government.
11. Integrity: A Judge should be honest and morally upright. He
should have personal and intellectual integrity. His character and conduct
should be praise worthy. Then only the Advocates and the general public
will have confidence on him.
12.Industriousness: It means regular and systematic hard work and
study. A Judge should get acquainted with the latest developments and
changes in the law by regular updating of the knowledge.
13. Meeting of Judges and Lawyers: To strengthen Bar-Bench
relation, at regular intervals meeting of judges and the Advocates shall be
arranged. In such meetings the respective sides difficulties can be
discussed and the differences can be sorted out.
 CHAPTER-III
SELECTED OPINION OF DISCIPLINARY
COMMITTEE OF THE BAR COUNCIL OF INDIA
ON PROFESSIONAL MISCONDUCT
1. Jagadish singh&other v.T.C.Sharma
BCI TR Case No.47/1990
Jagadish singh asnd others were employees of the Central Board
of Education,New Delhi.They were arbitrarily dismissed from service by
the Board. They approached T.C. Sharma an Advocate to file a case
against the arbitrary dismissal. They paid Rs.1400 as fees for the case.
Sharma gave a fake case number starting that he has field the
case before the central Administrative Tribunal, New Delhi. On
verification it was found that no such case has been field. Later they
engaged another Advocate Mr. Bhati to file the case and got a a
favourable order of reinstatement.
Therefore, they asked the return of Rs.1400 from T.C. Sharma.
He refused to pay the same. So, the complainant filed a petition against
him before the Delhi Bar Council alleging professional misconduct.
Since Sharma failed to appear during the enquiry, the state Bar Council
could not able to dispose off the case within one year. Hence, the case
was transferred to the Bar Council of India.
The Bar Council of India examined the petitioners, but the
respondent was absent. Finally the Bar council of India passed an order
holding the respondent guilty of professional misconduct and awarded
the following punishments.
1. Suspended him from practice for a period of 5 years.
2. Directed him to return the Rs.1400/-with 12%interest per annum.
3. Directed to give Rs.500 as cost to the complainant.
2. Bablal v.Subash Jain
BCI TR Case No.115/1986
The complainant and the Respondent are Advocates. The
complainant filed a petition before the Madhya Pradesh Bar Council
stating that the respondent to guilty of professional misconduct under
s.35. The allegation of the complainant is that the respondent a practicing
lawyer, is working as an Editor , Printer and Publisher of a weekly called
``Aaj Ki Janta‟‟ He is the owner of the press which prints the weekly. It
is also alleged that the respondent did not disclose these facts while
applying for enrolment to the State Bar Council.
The respondent denied all the allegations. He contended that
before enrolment, the job of printing and publishing was transferred to
his wife and thereafter he was working only as an editor of the said
weekly.
Since the enquiry was not completed within one year, the case
was transferred to the Bar Council of India.
In the enquiry it was found that he enrolled in 1973 and
continued as the printer, publisher and editor of the weekly till 1983.
Only in 1983 printing and publishing was transferred in the name of his
wife. But, by a general power of attorney from his wife the respondent
was looking after the entire work of the weekly. Based on this findings
the Bar Council of India held that the respondent is guilty of professional
misconduct punishable under S.35 of the Advocates Act and passed the
following orders.
1. He was suspended from practice for a period of one year.
2. Suppression of the fact that he is the owner of the weekly in
the enrolment application cannot be treated as professional misconduct
punishable under S.35.
3.Baswarooponi v.Babulalsoni
BCI DC Appeal No.25/1992
Babulalsoni is the father of Balswaroopsoni. He filed a
complaint against his son alleging professional misconduct before the
Madhya Pradesh Bar Council. The allegations are as follows:
1. A criminal case under S.307 I.P.C. is pending against him.
2. while appearing as a defence counsel for one munna in a
criminal case No.125/89 he has introduced his own brother as
Dwarha Pradesh and arranged him to stand as surety for munna.
3. He has withdrawn a sum of Rs.1500 deposited in the court in the
name of Babulalsoni in a civil case without his consent.
Before the State Bar Council, Babulalsoni personally appeared
and produced certain documentary evidence in support of his case but the
present appellant did not appear though many chances are given to him.
Finally the Bar Council held that Balswaroopsoni is guilty of
professional misconduct and passed an order removing his name from
the Advocates Roll.
 Against this order Balswaroopsoni filed an appeal the Bar
Council of India. In the appeal he denied all the allegations against him
but, failed to produce any documentary evidence in his support.
Regarding the second allegation he took a defence that munna
brought one person and introduced him as Dwarakha Prasad. Believing
Munna‟swords only he also introduced him to the court as Dwarakha
Prasad. This defence was not accepted by the Bar Council of India
because Balswaroopsoni knows that the person brought by Munna
Dwarakha Prasad.
Regarding the third allegation he took the defence that he is also
one of the plaintiff in the said case and his father has given power to
withdraw that amount of Rs .1500/.But no documentary evidence in
support of this difference was produced by him.
After hearing the parties the Bar Council of India reduced the
punishment and suspended him from practice for a period of 5 years.
4.Indure Ltd.v.Deo Raj Guptha
BCI TR Case No.58/1993
The complainant company is one of the highest producer of ash
handling system in the world, having large manufacturing and
engineering factories. The respondent was the Advocate of the company
and various cases related to the company was entrusted with him.
In April 1986 NELCO precisions, a company located at
Faridabad gave a false advertisement in the papers that Indure Ltd. is
using the parts manufactured by NELCO precisions.
To stop this false advertisement Indure Ltd. instructed the
respondent to serve a legal notice to NELCO. Notice was sent, but the
notice has not given the desired result. Therefore, the respondent was
instructed to file a case against NELCO. A plaint was prepared and it
was approved by the petitioner company and necessary court fees was
also paid to him.
The respondent informed the complainant that he has filed the
suit in the Delhi High Court and got a stay order. Infact no suit had been
filed.
The complainant filed a complaint in the Bar Council of
U.P.alleging professional misconduct against the respondent. They
alleged that the respondent had made a similar type of misrepresentation
earlier also when he was instructed to file a case against Anoel Industries
Ltd.A criminal complaint was also filed against Gupta in this regard.
 The respondent filed a very brief counter and failed to give any
explanation about the serious allegation of professional misconduct. He
simply prayed that for the same matter there is already a criminal case
pending against him, so the Bar Council should not proceed with the
complaint. When the petition was pending before the Bar Council, the
criminal case was disposed off and he was convicted.
Since the U.P Bar Council could not able to complete the
enquiry within one year the petition was transferred to the Bar Council of
India.
The Bar Council of India examined the complainant and the
respondent and finally came to the conclusion that the allegations against
the respondent the complainant has been proved beyond reasonable
doubt and directed the removal of his name from the roll of Advocates
and prohibited him from practicing as an Advocate.
5.Commisoner of Civil Supplies & Consumer Protection
Dept. v. Balakrishnan
DC Appeal No.15/1995
Mr.Chandrakanth of Villupuram has filed a writ petition
No.10589/90 in the Madras High Court praying for the release of a Van
TAH 4777 which was ceased by the Special Thasildar, Dindivanam on 5-
7-1990. The writ petition was dismissed on 11-7-1990.The respondent
Mr.V.Balakrishnan was the Advocate for Mr.Chandrakanth in the writ
petition .After the dismissal of the Writ petition. After the dismissal of
the writ petition the respondent sent the following telegram to the
District Revenue Officer, South Arcot.
``High Court of Madras in writ petition No.10589/1990 filed by
Chandrakanth directed the District Revenue Officer to release the van
TAH 4777 with 100 bags of paddy within one week. Do not sell the
paddy. Detailed order follows’’.
In another writ petition No.6184/1990 the respondent sent the
following telegram to the Collector, South Arcot.
In writ petition No.6184/1990 filed by cuberan of villupuram for
release of 117 bags of paddy the High Court has ordered notice of
motion returnable on 11-6-90. Not to dispose the paddy till the final
order in the writ petition’.
A petition was filed against Mr.Balkrishnan before the State Bar
Council alleging professional misconduct. It is alleged that the contents
of both these telegrams were false and is not in consonance with the
High Court order.
The State Bar Council gave benefit of doubt to the respondent by
observing that he acted with all enthuciasm to protect the interest of his
client. The State Bar Council observed that though his conduct is not
praise worthy, it did not amount to professional misconduct and thereby
no punishment is awarded to him.
Against this order an appeal was filed before the Bar Council of
India . After hearing both the parties, the Bar Council of India passed the
followings orders.
1.The order of the State bar Council was set aside.
2.He was found guilty of professional misconduct under S.35 of
the Act.
3.The act sending wrong telegram misquoting the content of the
court order is not an act fit for an Advocate and he was reprimanded with
strong words.
6.Banumurthy v.Bar Council of Andhar Praadhesh
DC Appeal No.3/1994
The appellant was a member of the Andhar Pradesh Judicial
service. When he was working as Metropolitan Magistrate at Hydrabad
there were certain allegations of corruption against him. A departmental
enquiry was conducted and e was served with an order of compulsory
retirement and retired on 30-7-1991.
After compulsory retirement he applied for resumption of
practice. The State Bar Council referred the matter to the Bar Council of
India because he had been found guilty by the departmental enquiry. The
Bar Council of India returned the matter to the Disciplinary Committee
of the State Bar Council found him guilty of professional misconduct and
suspended him from practice for a period of 2 years. Against this order
the present appeal has been filed.
When the appeal was pending, he was allowed to resume his
practice from 6-4-1994 by some court order. Bar Council of India
continued the enquiry and finally held that since 2 years has already
lapsed since his punishment for corruption charges, he shall resume his
practice.
 7. Dr.D.V.P.Raja v.D.Jayabalan
BCI DC Appeal No.43/1996
The appellant lodged a complaint with the Bar Council of Tamil
Nadu alleging that the respondents application in the form of complaints
addressed to various authorities amounts to professional to misconduct.
The State Bar Council passed a resolution that there is a prima facie case
of professional misconduct and it was placed before the Disciplinary
committee of the State Bar Council for its adjudication.
Before the Disciplinary Committee the respondent raised a
preliminary issue that the Disciplinary Committee has no jurisdiction in
this matter because there is no connection between his standing as lawyer
and his representation to various authorities. The Disciplinary Committee
of the State Bar Council also accepted this argument and dismissed
complaint without going in to the merits of the complaint. The
Disciplinary Committee held that there was no nexus or proximity in his
standing as a lawyer and his to various authorities.
Against this order an appeal was filed before Bar Council of
India. In the Bar Council of India it was argued that the Bar Council of
Tamil Nadu having passed a resolution that there is a prima facie case
against the respondent, the Disciplinary Committee could not have
dismissed the complaint without hearing it on merits.
After hearing both the sides the Bar Council of Tamil Nadu has
passed a resolution that there is a prima facie case to be enquired in to by
the Disciplinary Committee has no power to consider the question of its
jurisdiction on the matter.
The decision of the Bar Council of Tamilnadu is good and valid.
8. G. M. Hirmani v.Iswarappa
BCI DC Appeal No. 30/1995
The petitioner filed a complaint against the respondent.
Mr.Iswarapa (a practicing lawyer) in the Bar Council of Karnataka
alleging professional misconduct on the following grounds.
1. The petitioner filed a partition suit against Grija Devi and
Premadevi (O.S.No.293/87). The respondent Mr.Iswarappa was the
general power of attorney holder of Smt. Girija Devi and Premadevi and
also acted as Advocate for them in the said case. He misused his position
as an Advocate and dominated the will of Girija Devi and Premadevi
and purchased one portion of the suit property on 30-3-93 from them.
 2. On 4-6092 Mr.Iswarappa took the signature of kirmani in a
ten rupee bank bond paper promising to compromise the partition suit
and thereafter committed theft of the same bond paper.
3. During the pendency of the partion suit Mr.Iswarappa often
visited the house of the complainant in a drunken stage, through the
complainant had asked him not to visit his house during the pendency of
the suit.
4. Iswarappa has falsely filed a criminal case against the
complainant (C.C.No.12/93) Which was dismissed after enquiry.
During the enquiry Iswarappa admitted that he was the general
power of attorney of Girija Devi and Premadevi and has purchased their
property for valuable consideration and paid the full amount and denied
all other allegations.
The State Bar Council, after conducting a proper enquiry
dismissed the complaint. Thereafter, the complainant filed an appeal
before the Bar Council of India.
The Bar Council of India also dismissed the appeal on the
following grounds.
1. The complainant had failed to prove that Mr.Iswarappa took
signature of the complainant on a blank bond paper.
2. He has failed to prove that Iswarappa has purchased the property
by misusing his power of attorney.
3. He failed to prove that Iswarappa acted as an Advocate for Girija
Devi Premadevi in the partition suit. Iswarappa produced
evidence that he never acted as council of pemadevi and
Girijadevi in the partition suit and one Mr.AtchuthaGiri was the
Advocate for them in that partition suit. Thus the complainant
had failed to establish a case of professional misconduct against
the respondent.
9. N.S.(Appellant) v. K.V.(Respondent)
BCI DC Appeal No.14/198
The appellant was a Govt. Pleader and the respondent was a
Senior Advocate of 33 years experience in the Madras High Court. On
12-11-1986 when he was going to the Bar Association, the appellant
informed him that he made a mention of a case before a Judge in which
respondent was appearing for the opposite party. The respondent told the
appellant that he had not been previously informed about it and that he
has no notice that the appellant is going to make a mention in the case;
so``I will see to it‟‟. Immediately the appellant without any justification
abused the respondent in a very bad manner using vulgar words.
K.V. filed a complaint before the Bar Council of Tamilnadu.
N.S.denied all the allegations, but admitted that heated exchange of
words took place between them. After examining both the parties, the
Disciplinary Committee found him guilty of professional misconduct
and suspended him from practice for a period of 6 months.
N.S. challenged this order before the Bar Council of India. The
main question in the appeal is whether the abusive language used by the
appellant against the respondent would amount to professional
misconduct. The Bar Council of India held that it amounts to
professional misconduct but it held that the suspension of N.S. from
practice for a period of 6 months is not necessary and reprimanded with
strong words.
10.P.R(Complainant)v.V.I(Respondent)
BCI TR Case No.101/1998
The complainant was the District Munisif Magistrate at
Anakapalle from 19-11-84 to 8-4-85. The respondent was a practicing
Lawyer there. The respondent was the Advocate for a respondent in a
maintenance case. On 29-10-1985 when the case was called the
Advocate as well as his client was absent, so ex-party order was passed.
Therefore, the present respondent filed a contempt petition
against the complainant(P.R) in his court alleging the following things.
1.The High Court has passed transfer order to P.R. on 20-10-
1985 but, instead of handing over the charge and obey the order he
continued there up to 8-11-1985 on certain pretest(arranged by him).
2.The complainant was wasting valuable time of the court and
also the revenue of the Govt.
P.R. referred this contempt petition to the District Judge. District
Judge referred it to High Court. The court advised P.R. to logde a
complaint against V.I. before the State Bar Council for professional
misconduct. Hence P.R. filed a complaint against the respondent alleging
professional misconduct because he has filed contempt petition on false
grounds under his signature against the presiding officer by name and
bringing down the reputation of he presiding officer. The respondent also
acted on his own and not under the instruction of his client.
 The Bar Council of Andhra Pradesh after enquiry held that by
filing the said contempt petition against the presiding officer with serious
allegation, the respondent has committed professional misconduct.
In the mean time the respondent was also selected and appointed
as District Munsif Magistrate and he ceased to be an Advocate. So, the
Bar Council expressed its inability to pass any order of punishment
against him for professional misconduct. So, they forward this order and
other records to the High Court of Andhra Pradesh for necessary action.
 CHAPTER –IV
SELECTED CASES RELATING TO PROFFESSIONAL
MISCONDUCT AND CONTEMPT OF COURT
1. Powen Kumar Sharma v.Gurdial Singh (AIR 1999 SC 98)

Sharma enrolled as an Advocate in the Punjab& Haryana Bar

council in January 1990. At the time of his enrolment his family was
doing taxi business and he himself having 4 taxies in his name. A
complaint was filed against him alleging professional misconduct that he
is running taxi business.
Since the State Bar Council could not able to dispose off the
complaint within one year, it was transferred to the Bar Council Of India.
Sharma denied this allegation and showed documents proving that he has
sold the Taxies after the enrolment. But the Bar Council of India did not
accept this documents and finally passed an order suspending him from
practice for one year for professional misconduct on the ground that he
was running a taxi business after enrolment.
He challenged the order before the Supreme Court contending
that though he had 4 taxies in his name before his enrolment he had sold
the taxies after the enrolment and discontinued the taxi business. The
Supreme accepted the argument and passed the following orders.
1. Simply because a person is the owner of the taxies, he cannot be
treated as directly doing the business.
2. Rule 47 of the bar Council permits an Advocate to act as a
sleeping partner in any business which is not inconsistent with
any profession.
3. The charge of professional misconduct is a quasi-criminal
charge, so it should be proved beyond reasonable doubt. In this
case the person filed the complaint has failed to prove the
charge beyond reasonable doubt.
4. The appellant has produced documents showing the sale of the
taxies after enrolment. The respondant has failed to prove that it
is untrue.
5. The order of the Bar Council of India is set aside because professional
misconduct is not approved.
2.Mahabir Prasad Singh v. M/S Jack Aviation
(AIR 1999 SC 287)
The plaintiff filed a suit against the defendant for recovery of
possession of the building. During the pendency of the suit on 15-5-1998
the Delhi Bar Association passed a resolution boycotting that court due
to his improper behavior towards the lawyers. Taking advantage of this
boycott resolution the defendant filed a petition asking the judge to
transfer the case,suo motou, to another court because his advocate will
not appear in the court In the future. The transfer petition was dismissed.
This order was challenged before the High court. The High
Court stayed the proceedings and the case was adjourned for long period.
Aggrieved by the stay of proceedings and the long adjournment the
plaintiffs filed an appeal before the Supreme Court.
In the appeal the Supreme Court gave the following orders.
1. If any councel does not want to appear in the court, that too for
justifiable reasons, the case should be returned to the party so
that the party can engage in another councel.
2. Retaining the case without returning it to the client and
abstaining from conducting the case in the court amounts to
professional misconduct.
3. The court should not adjourn the case on the ground of
Advocates strike or Advocates decision of boycott the court.
4. During the court hours even if the Advocates are not appearing
the court should proceed with the trial of the case.
5. Court should not yield to the pressure tactics of boycott or any
kind of brow beating.
6. Judicial officers should behave cardialy towards the Advocates.
3.Supreme court Bar Associatin v. union of India
(AIR 1998 SC 1995)
V.C.Mishra, then the Chair Man of the Bar Council of India was
punished by the Supreme court for contempt of court and he was
suspended from the practice for a period of 3 years.
The charges against him was that in the court by using insulting,
disrespectful and threatening language he has threatened the judges. His
act has hurt the judges and he has acted in such way to abstruct the
course of justice.
The Supreme Court Bar association challenged this order and
raised the following issues.
1. The Supreme Court while dealing with the contempt
proceedings cannot suspend Advocate from the practice.
2. Bar Council alone can pass the order suspending an Advocate
from practice.
 3. For professional misconduct original jurisdiction is vested
with the Bar Council.
4. Supreme court vested with only appellate jurisdiction to hear
the appeal against the order of the Bar Council of India.
5. Art. 129 of the constitution does not confer any original
Jurisdiction to the Supreme court in the matters of professional
misconduct.
The main question before the court was whether for contempt of
court committed by an Advocate the Supreme Court can pass an order
suspending his practice for a specified period.
The Constitution bench of the Supreme Court allowed the
petition and issued the following orders.
1. Supreme court‟s power to punish for contempt is quite wide, yet
it is limited.
2. In the contempt of the court proceedings, the court cannot
simultaneously enquire into the professional misconduct also by
adopting summery procedure.
3. Professional misconduct should be enquired only by following
the prescribed procedure mentioned in the Advocates Act.
4. Supreme court can award punishment only for contempt of court
and not for professional misconduct.
5. For the contempt of the court, simple imprisonment of 6 weeks is
given.
6. This punishment is suspended for 4 years.
7. The punishment shall be activated, if V.C. Misra again indulges
in any other act of contempt of court within the said period of 4
years.
4 .P.D. Gupta v.Rammurthi (AIR 1998 SC 283)
One Mr. Krishnan died on 5-6-1980. His sister Vidyawati filed a
suit for decleration of title in her favour for certain properties of Mr.
Krishnan, Ramamurthi and others resisted the suit claiming title in their
favour. P.D.Gupta was the Advocate of Vidyawati. When the suit was
pending P.D. Gupta purchased part of the disputed property for Rs.18000
and sold it for 34000 immediately.
Mr. ramamurthi filed a complaint against P.D.Gupta before the
Delhi Bar Council alleging professional misconduct. The main allegation
is that he has purchased the part of the disputed property from his client
during the pendency of the suit.
Since the enquiry was not completed within one year the matter
is transferred to the Bar Council of India. After hearing both the parties,
the Bar Council of India passed an order suspending him from the
practice for a period of one year. The court held that a shadow of undue
influence is present when an Advocate buys property of his own client.
Against this order P.D. Gupta filed an appeal before the Supreme
court. In the appeal his main contention was that his client or her legal
heirs has not filed any complaint regarding professional misconduct, and
the enquiry conducted based on the complaint by some other person is
wrong.
The Supreme Court did not accept this argument and passed the
following orders.
1. Any person shall file a complaint regarding professional
misconduct against an Advocate.
2. Bar council shall enquire into the allegation of professional
misconduct, though the complaint is filed by a stranger, because,
the Bar council is concerned with the conduct of Advocates.
3. The order passed by the Bar Council of India is confirmed.
5.Robtas Singh v.Commissioner, Agra Division
(AIR 1997 All 278)
The commissioner of Agra Division, and certain other officials
have violated the order of Allahabad High Court dated 6-9-93.
Consequently the Allahabad High court issued notice to show cause why
action cannot be taken against them for contempt of court. In this matter
the additional standing counsel of the State Mr. Kazim appeared for the
officials.
An objection was raised by the State law Officer and some
criminal Advocates, regarding the appearance of the govt.Standing
councel for the accuseds in the contempt of court proceedings.
In support of their claim they submitted the Legal Remuneration
Manual of U.P which deals with the duties of a Govt. Advocate. It says
that the Government Advocate shall not appear for the defense or any
criminal or quasi-criminal case; nor shall he advise any party against the
prosecution in any criminal case. After hearing the objection the
Allahabad high Court passed the following orders.
 1. Contempt proceedings are quasi-criminal in nature so it is the
duty of the state to prosecute the contemner even if they are
govt. officials.
2. Govt. Advocates should not appear for the persons charged with
the contempt of court.
3. Govt. officials should engage other Advocates in the contempt
proceedings and they should pay for them from their pocket.
4. If the Govt. officials are acquitted then they shall claim the
amount spent by them for spending the case from the Govt.

6.Harish Chandra Singh v.S.n.Tripathi

(AIR 1997 SC 879)
Mr.Daya Ram engaged Mr. Harish Chandra as a lawyer in a
consolidation proceeding pending before the consolidation officer. Since
Daya Ram could not attend the case regularly, harish Chandra asked him
to appoint a mukhtar. Daya Ram appointed one mr. Syed Hussain, a
junior Advocate of harish Chandra as the mukhtar (power agent).
Syed Hussain in the capacity as mukhtar sold certain properties
of Daya Ram to the father of Harish Chandra (This he did under the
pressure of his senior Harish Chandra).
Daya Ram filed a complaint against both Harish Chandra and his
junior Syed Hussain before the Local Bar Association. The president of
the Bar Association forwarded the complaint to the U.P.State Bar
Council. Since the matter was not disposed off within one year it was
transferred to the Bar Council of India. During the enquiry Daya Ram
submitted the following.
1. The mukhtar was obtained fraudulently.
2. Therefore, the sale deed executed by using the mukhtar should be
treated as void.
3. The act of Harish Chandra and Syed Hussain amounts to
professional misconduct, So they should be punished for that.
Syed Hussain confessed the guilt stating that being a junior, by
obeying his senior, he did these things and asked for pardon.
Harish Chandra contented that his father was living separately and
he did not have any contact with him. He also contented that Syed
Hussain is not his junior.
 The Bar Council of India held that Harish Chandra is Guilty of
professional misconduct and he was suspended from the practice for two
years. His junior Syed Hussain was pardoned.
Against this order Harish Chandra filed an appeal before the
Supreme court. The Supreme court dismissed the appeal and affirmed the
decision of the Bar Council of India.
7.Hikmat Alikhan v.Ishwar Prasad Arya
(AIR 1977 SC 864)
Ishwar Prasad Arya was an Advocate practicing in Badann, U.P.
He stabed his opponent with the knife for that he has convicted 3 years
rigorous imprisonment. On appeal the High court also confirmed the
punishment.
Thereafter, by using a forged letter of the Governor asking the
court to suspend his sentence under art. 161 of the constitution he got his
conviction suspended and he was released. Later the sessions Judge
found the letter as forged one and he lodged a complaint with the Bar
Council of U.P. for necessary action against him. The State Bar Council
debarred him from practice for 2 years. On appeal the Bar Council of
India set aside this order on the ground that there is no clear evidence to
show that the Advocate himself has prepared that forged letter.
Subsequently by taking into account of the bad conduct of the
Advocate ie. Conviction for the offence under S.307 of I.P.C and his
name being entered by the police in a register which contains the list of
persons with bad character he was debarred for the practice for a period
of 3 years by the State Bar Council. On appeal this order was also set
aside by the Bar Council of India because it is interconnected with the
earlier matter. Hikmit Ali Khan preferred an appeal before Supreme
Court against this order.
The Supreme court held that the second order of the State Bar
Council was based on totally a different ground not connected with the
grounds of the first order and the Bar Council of India was eronious in
setting aside the second order of the U.P. Bar Council. Further Supreme
court held that the gravity of the misconduct committed by him is so
serious and the punishment of suspending him from practice for 3 years
is not sufficient and ordered the removal of his name from the roll of
Advocates.
 8.Prahalad Saran Gupta v. Bar Council of India
(AIR 1997 Sc 1338).
Gupta was practicing Advocate at Gaziabad . He was appearing
for the decree-hold in an execution case between Atma Ram manak
Chand v.Shriram in the Ghaziabad court.
The degree holder has filed a complaint in the State Bar Council
against his Advocate (Gupta) alleging the following professional
misconduct.
1. He has colluded with the judgement debtor and accepted Rs.
1500 out of the total decreed amount and allowed time for the
payment of the remaining balance.
2. The amount so received is not given to the degree holder.
3. He has helped the judgement Debtor to get the execution stayed
by the High Court.
4. When he was Acting as a standing counsel for the railways ,he
drafted the notice under S.80.C.P.C to be served to the railways
on behalf of M/s. Agerwal traders who was the compliment
against the Railways. This is a serious professional misconduct.
The draft prepared by his own handwriting was produced before
the disciplinary committee.
Gupta denied all the allegations and informed that he was
holding the amount of Rs.1500 as trustee on behalf of his client. Since
the enquiry was not completed within one year the matter was transferred
to the Bar Council of India.
The Bar council of India has found the appellant guilty of
serious professional misconduct and passed an order suspending him
from the practice for a period of one year.
Gupta challenged this order before the Supreme court. The
Supreme court passed the following orders.
1. It is not advisable for the Disciplinary Committee to base its
conclusion purely on the basis of its own comparison of the hand
writing of Gupta with the alleged draft prepared by him. The
court held that the charge of professional misconduct is quasi-
criminal in nature requires proof beyond reasonable doubt.
2. Addressing a letter to the counsel of the opposite party
(judgement debtor) in the execution proceedings amounts to
professional misconduct.
 3. Holding the money with him which he has received in the
execution proceedings without any sufficient reason amounts to
professional misconduct.
4. For this misconduct suspending him from practice for 1 year is
too much , So the Bar Council of India‟s order is set aside and he
was reprimanded with strong words.
9.Dr.Haniraj l.Chulani v. Bar Council of Maharashtra
(AIR 1996 SC 1708)
Dr. Haniraj was a medical practitioner studied law and wanted to
enrole as an Advocate and to continue the medical profession also. He
applied to the Bar Council of Maharashtra to enrole himself as an
advocate. The State Bar Council rejected his application because the Bar
Council rules prohibits a person to enrole as an Advocate if he is already
carrying on some other profession.
He challenged this rule before the High Court and prayed for an
order to declare that the said rule as arbitrary, unreasonable and violative
of Art 21. The High Court summarily dismissed the petition. Thereafter
he filed a special leave petition before the Supreme Court.
In the Supreme Court he submitted the following arguments
1. Advocates act has delegated excessive and unlimited power of
rule making power to the Bar Council. This is against the
principles of rules of law.
2. Rules made by the Bar Council by using this delegation should
be declared as void.
3. He should be treated equally along with the other law graduates.
4. The protection of equality before law should be given to him
(Art 14).
The Supreme court has not accepted these arguments and
dismissed the petition and passed the following orders.
Bar Council is justified in framing rules prohibiting persons
carrying on the other business to enrole as an Advocate.
1. Legal profession requires full time attention hence, An Advocate
cannot be allowed to do any other business or profession.
2. Bar Council rules is intervires to the constitution and it is not
violative of Art. 14,19 (1) (g) and 21.
 10. Dr.D.C.Saxena v. Hon’ble chief justice of India

(AIR 1996 SC 2481)

Dr.D.C.Saxena was a professor of English University. He filed a
writ petition in the Supreme Court by way of public interest litigation
seeking to recover from the Prime Minister Mr.P.V.Narasima Rao the
expenditure incurred for his private use of Indian Air Force AirCraft and
Helicopters. The wirt petition was dismissed summarily without going
into the merits by the bench consisting of Honable chief Justice
Mr.A.M.Ahmedi and others.
Thereafter,Dr.D.C. Saxena filed a second writ petition against
the chief justice of India. In this petition he contented that his first writ
petition was dismissed by Chief Justice by receiving brief and he prayed
for the following.
1. The respondant be declared as unfit to hold the office of chief
justice of India.
2. His citizenship should be withdrawn and a case be registered
against him for forgery and fraud.
3. Direction to prosecute the Respondent under the prevention of
Corruption Act.
4. Direction to the Chief Justice of India to give from his pocket
the expenses incurred for filling this writ petition.
The Supreme court issued a show cause notice against him for
contempt of court because several averments in the writ petition are
scandalous, and the allegation made are reckless attack on the chief
justice of India.
Sexena denied all the allegations. He pleaded that he had filed
this petition only on public interest and there is no bad intention in filing
this petition. He even pleaded that if the court wants, he is ready to
withdraw the petition or ready to make the necessary changes in the
petition.
The court did not accept this argument and held that withdrawal
or making changes in the petition cannot cure the contempt already
committed by the scandalous remarks made in the petition. The court
passed an order of three months simple imprisonment and a fine of
Rs.2000 for contempt of court and the writ petition was also dismissed.
 CHAPTER –V
ACCOUNTANCY FOR LAWYERS
PURPOSE OF MAINTAINING ACCOUNTS BY LAWYERS
A business enterprise must keep a systematic record of its daily
transaction. It is a legal duty. It helps to know where its stand and
adjudge its performance. This systematic recording of transactions is
known as accounting. Since legal profession is a trade, lawyers are under
duty to maintain systematic accounts relating to the profession.
The basic purpose of accounting is to present a complete
financial picture of the Advocates profession. This can be done with the
help of two financial statements like (i) Profit and loss account and (ii)
Balance sheet showing the assests and liabilities.
It is necessary to maintain proper accounts to calculate the
following (i) Annual Income (ii) Income Tax (iii) Professional Tax (iv)
Amount due to the client or amount due by the client.
1. To calculate the annual income : To calculate the annual
income of the Advocate from the legal profession, it is necessary
to maintain proper accounts of his income from the profession.
Maintaining this account is useful for Advocates also. By
knowing his Annual Income , he can take steps to improve his
profession.
2. To Calculate income Tax : Advocates are liable to Pay Income
tax for the income derived from the profession. In order to
calculate the amount payable as income tax, he has to maintain
proper accounts relating to his income and expenditure.
To calculate the taxable income he is entitled to deduct certain
expenditure like rent, salary, telephone bill and other
administrative expenditure. For this purpose also he has to
maintain proper accounts.
3. To calculate professional tax: Every six months the advocates
are liable to pay professional tax to the Government. The amount
of professional tax varies depending on the income. In order to
calculate the amount of professional tax he has to maintain the
proper accounts.
4. To Ascertain the amount due from the client or due to the
client: The account relating to the amount received from the
client and the amount received on behalf of the client from
others or from the court should be properly maintained. Then
only the amount due from the client can be calculated. This will
help not only the client but also the Advocate.
 PLACE OF KEEPING THE ACCOUNTS BOOKS.
The accounts books and documents relating to the accounts
should be kept and maintained by the advocate,
(i) At his office.
(ii) Where he is carrying on the profession more than one office,
then at his head office. But accounts can also be maintained
separately for each branch at the respective branch office.
Penalty for not keeping Account Books: A Lawyer who is
legally liable to maintain account books, fails to maintain it or fails to
retain it for the prescribed period (cash book and ledger-16 years, other
books-8 years) is liable to pay penalty ranging from Rs.2000/- to
1,00,000/- (S.271 A ).
Bar council Rules relating to accounting
Accounting is an art of recording, classifying and summarizing
in a significant manner the event which are financial in character and
interpreting the result there of . An Advocate is under a duty to maintain
proper accounts of money received from his client and the amount
received on behalf of client from others or from the court. The rules
relating to such accounting is dealt in rules 25 to 32 of the Bar Council
Of India Rules 1975.
Rule 25: An advocate should keep the accounts of the client‟s
money entrusted to him. The accounts should show the amounts received
from the client, the expenses incurred for him and the debits made on the
account of Advocate fees with the respective dates and all other
necessary particulars.
Rule 26 : Where moneys are received from the client, it should
be entered whether the amount have been received for the advocates fees
or expenses. Amount received for the expenses shall not be diverted
towards Advocates fees without the consent of the client in writing.
Rule 27: Where any amount is received on behalf of his client
the fact of such receipt must be intimated to the client as early as
possible.
Rule 28 : After the completion of the proceeding, the advocate
shall be at the liberty to take the settled fee due to hi to the unspent
money in his hand.
Rule 29: Where the fee has been left unsettled, the advocate
shall take the fees which he is legally entitled from the moneys of the
client remaining in his hands, after the completion of the proceeding. The
balance shall be returned to the client.
Rule 30: A copy of the client account shall be furnished to him
after getting the necessary copying charges from him.
Rule 31: An advocate shall not make any agreements whereby
client‟s funds in his hands are converted into loans to the advocate.
Rule 32: An Advocate shall not lend money to his client for the
purpose of conducting the case.
Rules Relating to Accounting Under Income Tax Act.
Under the Income Tax Act, every lawyer is required to maintain
the following books of accounts and other documents to enable the
Assessing Officer to calculate his total income (i) cash book (ii) Receipt
Voucher (iii) payment voucher (iv) journal (v) ledger. The accounting
year is 1st April to 31st March next year.
1. Cash book : It is the book in which the amount received by
the Advocates from the clients and others and the amount spent for the
clients are written. This book is useful for the Advocate to know the
amount in his hand on each day.
2. Receipt Voucher : It is the document prepared for recording
the receipt of money by cash or cheque. When an Advocate received
money from the client, the Advocate has to issue a receipt to the client.
Advocate shall maintain receipt books with serially numbered receipt
forms in duplicate. The original receipt should be given to the client and
the duplicate shall be retained by the Advocate.
3. Payment Voucher : Payment vouchers are used to record
such payments for which receipts are not obtainable from the person to
whom such payments are made. For example bus fare, auto fare, court
fees, stamps, refreshment expenses etc. In such cases the Advocate
signature in the payment voucher and the signature of the person to
whom payment is made may be obtained.
4. Journal : Journal is the book of first entry or original entry. In
the journal the transactions are recorded in the order of their occurrence.
It should contain the following details (i) Date of Transactions (ii)
Account to which the transaction relates (iii) Amount to be debited, (iv)
Amount to be credited (v) Explanation of the transaction.
5. Ledger : The transactions recorded in the journal are to be
posted to the separate heads of account in other book called as Ledger.
In the ledger different pages are allotted to the different heads of
accounts. When the journal entries are posted to the concerned heads of
account in the ledger, the page number of the ledger should be noted in
the journal for easy reference.
The ledger account of an advocate shall contain the following
heads.
Clients Account : For each and every client separate pages shall
be allotted in this ledger and separate account shall be maintained for
them.
(i) Fees Account : In this account the fees received from each
and every client shall be entered separately. From this
account the total amount of fees received from all the
clients in a financial year can be ascertained.
(ii) Rent Account.
(iii) Salary Account.
(iv) Library Account.
(v) Printing and Stationary Account.
(vi) Postage and Telegram Account.
(vii) Electricity Charges.
(viii) Conveyance Charges.
(ix) Repair and Maintenance.
(x) Office Miscellaneous Expenses Account.
At the beginning of the ledger book the index may be given with
the name of the different heads of account and their respective pages for
easy reference.
******
 THE ADVOCATES ACT, 1961
__________
ARRANGEMENT OF SECTIONS
_________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
BAR COUNCILS
3. State Bar Councils.
4. Bar Council of India.
5. Bar Council to be body corporate.
6. Functions of State Bar Councils.
7. Functions of Bar Council of India.
7A. Membership in international bodies.
8. Term of office of members of State Bar Council.
8A. Constitution of special Committee in the absence of election.
9. Disciplinary committees.
9A. Constitution of legal aid committees.
10. Constitution of committees other than disciplinary committees.
10A. Transaction of business by Bar Councils and committees thereof.
10B. Disqualification of members of Bar Council.
11. Staff of Bar Council.
12. Accounts and audit.
13. Vacancies in Bar Council and committees thereof not to invalidate action taken.
14. Election to Bar Councils not to be questioned on certain grounds.
15. Power to make rules.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES

16. Senior and other advocates.

17. State Bar Councils to maintain roll of advocates.
18. Transfer of name from one State roll to another.
19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
20. Special provision for enrolment of certain Supreme Court advocates.
21. Disputes regarding seniority.
22. Certificate of enrolment.
23. Right of pre-audience.
1
SECTIONS
24. Persons who may be admitted as advocates on a State roll.
24A. Disqualification for enrolment.
25. Authority to whom applications for enrolment may be made.
26. Disposal of applications for admission as an advocate.
26A. Power to remove names from roll.
27. Application once refused not to be entertained by another Bar Council except in certain circumstances.
28. Power to make rules.
CHAPTER IV
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled to practise law.
30. Right of advocates to practise.
31. [Repealed.].
32. Power of court to permit appearances in particular cases.
33. Advocates alone entitled to practise.
34. Power of High Courts to make rules.
CHAPTER V
CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct.
36. Disciplinary powers of Bar Council of India.
36A. Changes in constitution of disciplinary committees.
36B. Disposal of disciplinary proceedings.
37. Appeal to the Bar Council of India.
38. Appeal to the Supreme Court.
39. Application of sections 5 and 12 of Limitation Act, 1963.
40. Stay of order.
41. Alteration in roll of advocates.
42. Powers of disciplinary committee.
42A. Powers of Bar Council of India and other committees.
43. Cost of proceedings before a disciplinary committees.
44. Review of orders by disciplinary committee.

CHAPTER VI
MISCELLANEOUS

45. Penalty for persons illegally practising in courts and before other authorities.
46. [Repealed.].
46A. Financial assistance to State Bar Council.
47. Reciprocity.
48. Indemnity against legal proceedings.
48A. Power of revision.
48AA. Review.
2
SECTIONS
48B. Power to give directions.
49. General power of the Bar Council of India to make rules.
49A. Power of Central Government to make rules.
50. Repeal of certain enactments.
51. Rule of construction.
52. Saving.
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.
54. Term of office of members of first State Bar Councils.
55. Rights of certain existing legal practitioners not affected.
56. Dissolution of existing Bar Councils.
57. Power to make rules pending the constitution of a Bar Council.
58. Special provisions during the transitional period.
58A. Special provisions with respect to certain advocates.
58AA. Special provisions in relation to the Union territory of Pondicherry.
58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.
58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
58AD. Special provisions with respect to certain persons migrating to India.
58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.
58AF. Special provisions in relation to Jammu and Kashmir.
58AG. Special provisions in relation to articled clerks.
58B. Special provision relating to certain disciplinary proceedings.
59. Removal of difficulties.
60. Power of Central Government to make rules.
THE SCHEDULE.

3
 THE ADVOCATES ACT, 1961
ACT NO. 25 OF 1961
[19th May, 1961.]
An Act to amend and consolidate the law relating to the legal practitioners and to provide for the
constitution of Bar Councils and an All-India Bar.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.―(1) This Act may be called the Advocates Act, 1961.
1
[(2) It extends to the whole of India.]
(3) It 2[shall, in relation to the territories other than those referred to in sub-section (4), come into force]
on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different
dates3 may be appointed for different provisions of this Act.
4
[(4) This Act shall, in relation to the State of Jammu and Kashmir*5 and the Union territory of Goa,
Daman and Diu, come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.]
2. Definitions.―6[(1)] In this Act, unless the context otherwise requires,―

1. Subs. by Act 60 of 1973, s. 2, for sub-section (2) (w.e.f. 31-1-1974).

2. Subs. by s. 2, ibid., for “shall come into force” (w.e.f. 31-1-1974).
3. The provisions of the Act have been brought into force as under:―
16th August, 1961, vide notification No. S.O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
1st December, 1961, vide notification No. S.O. 2790, dated 24th November, 1961, in respect of Chapter III and s. 50(2), see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
15th December, 1961, vide notification No. S.O. 2919, dated 13th December, 1961, in respect of s. 50(1), see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
24th January, 1962, vide notification No. S.O. 297, dated 24th January 1962, in respect of ss. 51 and 52, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
29th March, 1962, vide notification No. S.O. 958, dated 29th March 1962, in respect of s. 46, see Gazette of India, Extraordinary,
Part II, sec. (ii).
4th January, 1963, vide notification No. S.O. 50, dated 4th January 1963, in respect of s. 32 and Chapter VI [except s. 46,
sub-sections (1) and (2) of s. 50, ss. 51 and 52], see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st September, 1963, vide notification No. S.O. 2509, dated 31st August, 1963, in respect of Chapter V, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapters I, II, III, section 32 of Chapter IV and
Chapters V, VI, VII and VIII in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st June, 1969, vide notification No. S.O. 1500, dated 5th April, 1969, in respect of ss. 29, 31, 33 and 34 of Chapter IV, see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st June, 1979, vide notification No. G.S.R. 84(E), dated 21st February 1979, except section 30 in respect of the Union territory
of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, sec. 3(i).
15th June, 2011, vide notification No. S.O. 1349(E), dated 9th June, 2011, in respect of section 30, see Gazette of India,
Extraordinary, Part II, sec. 3(i).
4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31-1-1974).
5. 1st August 1986, vide notification No. G.S.R. 946 (E), dated 15th July 1986, except section 30, in respect of the State of Jammu and
Kashmir.
6. Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and
Kashmir and the Union territory of Ladakh.
4
 (a) “advocate” means an advocate entered in any roll under the provisions of this Act;
(b) “appointed day”, in relation to any provision of this Act, means the day on which that provision comes into
force;
1
* * * * *
(d) “Bar Council” means a Bar Council constituted under this Act;
(e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to which this Act
extends;
2
* * * * *
(g) “High Court”, except in sub-section (1) 3[and sub-section (1A)] of section 34 and in sections 42 and 43, does
not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,--
(i) in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the
High Court for the State;
(ii) in the case of the Bar Council constituted for Delhi, 4[the High Court of Delhi];
(h) “law graduate” means a person who has obtained a bachelor's degree in law from any University established
by law in India;
(i) “legal practitioner” means an advocate 5[or vakil] of any High Court, a pleader, mukhtar or revenue agent;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “roll” means a roll of advocates prepared and maintained under this Act;
(l) “State” does not include a Union territory;
(m) “State Bar Council” means a Bar Council constituted under section 3;
(n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under section 17.
3
[(2) Any reference in this Act to a law which is not in force 6*** in the Union territory of Goa, Daman and Diu,
shall, in relation to 7*** that territory, be construed as a reference to the corresponding law, if any, in force in that State
or that territory, as the case may be.]
CHAPTER II
BAR COUNCILS
3. State Bar Councils.―(1) There shall be a Bar Council—
(a) for each of the States of Andhra Pradesh, Bihar, Gujarat, 8[Jammu and Kashmir,] 9[Jharkhand], 10[Madhya
Pradesh and Chhattisgarh], 11***, 12***, 13[Karnataka], Orissa, 14[Rajasthan, Telangana 15[Uttar Pradesh],
16
[Uttaranchal, Meghalya, Manipur and Tripura]], to be known as the Bar Council of that State;

1. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 15-10-1976).

2. Clause (f) omitted by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
3. Ins. by s. 3, ibid. (w.e.f. 31-1-1974).
4. Subs. by s. 3, ibid., for “the High Court of Punjab” (w.e.f. 31- 1-1974).
5. Subs. by Act 107 of 1976, s. 2, for “vakil or attorney” (w.e.f. 15-10-1976).
6. The words “in the State of Jammu and Kashmir or” omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central
Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
7. The words “that State or” omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide
notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws)
Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).
8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
9. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000).
10. Subs. by Act 28 of 2000, s.24, for “and Madhya Pradesh” (w.e.f. 1-11-2000).
11. The word “Madras” omitted by Act 26 of 1968, s. 3 and Sch. 4.
12. The word “Maharashtra” omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1-7-1965).
13. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for “Mysore”
(w.e.f. 1-11-1973).
14. Subs. by Act 6 of 2014, s. 34, for “Rajasthan, Uttar Pradesh” (w.e.f. 2-6-2014).
15. Subs. by Act 29 of 2000, s. 29, for “and Uttar Pradesh” (w.e.f. 9-11-2000).
16. Subs. by Act 26 of 2012, s. 9, for “and Uttaranchal” (w.e.f. 23-3-2013).

5
 1
[(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar
Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;]
(c) for the State of Kerala and the Union territory of 2[Lakshadweep] to be known as the Bar Council
of Kerala;
3
[(cc) for the 4[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar
Council of Madras;]
5
[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and
Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;]
6
[(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the
Bar Council of Punjab and Haryana;
(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;]
(e) for the State of West Bengal and the 7[Union territory of Andaman and Nicobar Islands], to be
known as the Bar Council of West Bengal; and
(f) for the Union territory of Delhi, to be known as the Bar Council of Delhi.
(2) A State Bar Council shall consist of the following members, namely:―
(a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio;
8 9
[ [in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the
Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio;
in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of
Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of
the State, ex officio;
10
[(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen
members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding
ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten
thousand, twenty-five members, elected in accordance with the system of proportional representation by
means of the single transferable vote from amongst advocates on the electoral roll of the State Bar
Council:]
11
[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that
may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been
advocates on a State roll, and in computing the said period of ten years in relation to any such person,
there shall be included any period during which the person has been an advocate enrolled under the Indian
Bar Councils Act, 1926 (38 of 1926).]

1. Subs. by Acts 26 of 2012, s. 9, for clause (b) (w.e.f .23-3-2013).

2. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 5, for “the Laccadive,
Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
3. Ins. by Act 26 of 1968, s. 3 and the Sch.
4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “State of Madras”
(w.e.f. 14- 1-1969).
5. Subs. by Act 18 of 1987, s. 21, for clause (ccc) (w.e.f. 30-5-1987).
6. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e.f. 25-1-1971).
7. Subs. by Act 81 of 1971, s. 34, for “Union territories of Tripura and the Andaman and Nicobar Islands” (w.e.f. 21-1-1972).
8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
9. Subs. by Act 26 of 2012, s. 9, for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the
Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013).
10. Subs. by Act 60 of 1973, s. 4, for clause (b) (w.e.f. 31-1-1974).
11. Ins. by Act 21 of 1964, s. 2 (w.e.f. 16-5-1964).
6
 1
[(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in
such manner as may be prescribed.

(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately
before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that every such person shall continue to carry on the duties of his office until the Chairman or
the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the
Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.]
1
[(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being
chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies
such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules
that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.

(5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before
the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such
commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India
to give effect to the said proviso.]
2
[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any
State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act,
1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]

4. Bar Council of India.―(1) There shall be a Bar Council for the territories to which this Act extends to
be known as the Bar Council of India which shall consist of the following members, namely:―

(a) the Attorney-General of India, ex officio;

(b) the Solicitor-General of India, ex officio;

3
* * * * *

(c) one member elected by each State Bar Council from amongst its members.
4
[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he
possesses the qualifications specified in the proviso to sub-section (2) of section 3.]
5
[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council
in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately
before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that such person shall continue to carry on the duties of his office until the Chairman or the
Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates
(Amendment) Act, 1977 (38 of 1977), assumes charge of the office.]

1. Subs. by Act 38 of 1977, s. 2, for sub-sections (3) and (3A) (w.e.f. 31-10-1977).
2. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
3. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31-10-1977).
4. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974).
5. Subs. by Act 38 of 1977, s. 3, for sub-sections (2) and (2A) (w.e.f. 31-10-1977).
7
 1
[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,—
(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the
date of his election 2[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and
(ii) in any other case, be for the period for which he holds office as a member of the State Bar
Council:
Provided that every such member shall continue to hold office as a member of the Bar Council of India
until his successor is elected.]
5. Bar Council to be body corporate.―Every Bar Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property, both movable and immovable, and to
contract, and may be the name by which it is known sue and be sued.
6. Functions of State Bar Councils.―(1) The functions of a State Bar Council shall be―
(a) to admit persons as advocates on its roll;
(b) to prepare and maintain such roll;
(c) to entertain and determine cases of misconduct against advocates on its roll;
(d) to safeguard the rights, privileges and interests of advocates on its roll;
3
[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the
welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2)
of section 7;]
(e) to promote and support law reform;
4
[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals
and papers of legal interest;
(eee) to organise legal aid to the poor in the prescribed manner;]
(f) to manage and invest the funds of the Bar Council;
(g) to provide for the election of its members;
3
[(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of
sub-section (1) of section 7;]
(h) to perform all other functions conferred on it by or under this Act;
(i) to do all other things necessary for discharging the aforesaid functions.
5
[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of—
(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other
advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
3
[(c) establishing law libraries.]

1. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16-5-1964).

2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974).
3. Ins. by Act 70 of 1993, s. 2 (w.e.f. 26-12-1993).
4. Ins. by Act 60 of 1973, s. 6 (w.e.f. 31-1-1974).
5. Subs. by s. 6, ibid., for sub-section (2) (w.e.f. 31-1-1974).
8
 (3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under
that sub-section.]
7. Functions of Bar Council of India.― 1[(1)] The functions of the Bar Council of India shall be―
2
* * * * *
(b) to lay down standards of professional conduct and etiquette for advocates;
(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each State Bar Council;
(d) to safeguard the rights, privileges and interests of advocates;
(e) to promote and support law reform;
(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State
Bar Council;
(g) to exercise general supervision and control over State Bar Councils;
(h) to promote legal education and to lay down standards of such education in consultation with the
Universities in India imparting such education and the State Bar Councils;
(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate
and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect
Universities in accordance with such directions as it may give in this behalf];
4
[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals
and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the
purpose of admission as an advocate under this Act;]
(j) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(l) to perform all other functions conferred on it by or under this Act;
(m) to do all other things necessary for discharging the aforesaid functions.
4
[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose
of—
(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf.
5
[(c) establishing law libraries.]

(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the
purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under
that sub-section.]

1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974).
3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993).
4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993).
9
 1
[7A. Membership in international bodies.―The Bar Council of India may become a member of
international legal bodies such as the International Bar Association or the International Legal Aid Association,
contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise
expenditure on the participation of its representatives in any international legal conference or seminar.]
2
[8. Term of office of members of State Bar Council.―The term of office of an elected member of a
State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the
date of publication of the result of his election:
Provided that where a State Bar Council fails to provide for the election of its members before the expiry
of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said
term for a period not exceeding six months.
8A. Constitution of Special Committee in the absence of election.―(1) Where a State Bar Council fails
to provide for the election of its members before the expiry of the term of five years or the extended term, as
the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately
following the day of such expiry, constitute a Special Committee consisting of―
(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of
section 3 to be the Chairman:
Provided that where there are more than one ex officio members, the senior most amongst them shall
be the Chairman; and
(ii) two members to be nominated by the Bar Council of India from amongst advocates on the
electoral roll of the State Bar Council,
to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.
(2) On the constitution of the Special Committee and until the State Bar Council is constituted—
(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;
(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or
otherwise, shall be the rights, liabilities and obligations of the Special Committee;
(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or
otherwise shall stand transferred to the Special Committee.
(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as
the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of
six months from the date of its constitution under sub-section (1), and where, for any reason the Special
Committee is not in a position to conduct election within the said period of six months, the Bar Council of
India may, for reasons to be recorded by it in writing, extend the said period.]
3
[9. Disciplinary committees.―(1) A Bar Council shall constitute one or more disciplinary committees,
each of which shall consist of three persons of whom two shall be persons elected by the Council from
amongst its members and the other shall be a person co-opted by the Council from amongst advocates who
possess the qualifications specified in the proviso to sub-section (2) of section 3 and who are not members of
the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the
Chairman thereof.
(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to
the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964) may dispose of the proceedings
pending before it as if this section had not been amended by the said Act.]

1. Ins. by Act 60 of 1973, s. 8 (w.e.f. 31-1-1974).

2. Subs. by Act 70 of 1993, s. 4, for section 8 (w.e.f. 26-12-1993).
3. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16-5-1964).
10
 1
[9A. Constitution of legal aid committees.―(1) A Bar Council may constitute one or more legal aid
committees each of which shall consist of such number of members, not exceeding nine but not less than five,
as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the members of a legal aid
committee shall be such as may be prescribed.]
10. Constitution of committees other than disciplinary committees.―(1) A State Bar Council shall
constitute the following standing committees, namely:―
(a) an executive committee consisting of five members elected by the Council from amongst its
members;
(b) an enrolment committee consisting of three members elected by the Council from amongst its
members.
(2) The Bar Council of India shall constitute the following standing committees, namely:―
(a) an executive committee consisting of nine members elected by the Council from amongst its
members;
(b) a legal education committee consisting of ten members, of whom five shall be persons elected by
the Council from amongst its members and five shall be persons co- opted by the Council who are not
members thereof.
(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other
committees as it may deem necessary for the purpose of carrying out the provisions of this Act.
2
[10A. Transaction of business by Bar Councils and committees thereof.―3[(1) The Bar Council of
India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing,
determine.
(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be
recorded in writing, determine.]
(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the
headquarters of the respective Bar Councils.
(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such
rules of procedure in regard to the transaction of business at their meetings as may be prescribed.
(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall
observe such rules of procedure in regard to the transaction of business at their meetings as may be
prescribed.]
4 5
[ [10B.] Disqualification of members of Bar Council.―An elected member of a Bar Council shall be
deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been
absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any
cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar
Council of India.]

1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31-1-1974).

2. Ins. by s. 10, ibid. (w.e.f. 31-1-1974).
3. Subs. by Act 70 of 1993, s. 5, for sub-sections (1) and (2) (w.e.f. 26-12-1993).
4. Ins. by Act 21 of 1964, s. 6 (w.e.f. 16-5-1964).
5. Section 10A re-numbered as section 10B of the Act by Act 60 of 1973, s. 10 (w.e.f. 31-1-1974).

11
 11. Staff of Bar Council.―(1) Every Bar Council shall appoint a secretary and may appoint an
accountant and such number of other persons on its staff as it may deem necessary.
(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed.
12. Accounts and Audit.―(1) Every Bar Council shall cause to be maintained such books of accounts
and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of
companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be
prescribed.
1
[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of
December of the year next following, a State Bar Council shall send a copy of its accounts together with a
copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published
in the official Gazette.
(4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of
December of the year next following, the Bar Council of India shall send a copy of its accounts together with
a copy of the report of the auditors thereon to the Central Government and shall cause the same to be
published in the Gazette of India.]
13. Vacancies in Bar Council and committees thereof not to invalidate action taken.―No act done by
a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of
any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be.
14. Election to Bar Councils not to be questioned on certain grounds.― No election of a member to a
Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any
person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been
published in the Official Gazette.
15. Power to make rules.―(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for―
2
[(a) the election of members of the Bar Council by secret ballot including the conditions subject to
which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls
and the manner in which the results of election shall be published;]
3
* * * * *
4
[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;]
(d) the manner in which and the authority by which doubts and disputes as to the validity of an
election to the Bar Council 4[or to the office of the Chairman or Vice-Chairman] shall be finally decided;
5
* * * * *
(f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council;

1. Subs. by Act 60 of 1973, s. 11, for sub-section (3) (w.e.f. 31-1- 1974).
2. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31-1-1974).
3. Clause (b) omitted by s. 12, ibid. (w.e.f. 31-1-1974).
4. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31-10-1977).
5. Clause (e) omitted by Act 23 of 1966, s. 3 (w.e.f. 3-9-1966).
12
 1
[(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial
assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub-section (2) of
section 7;
(gb) organisation of legal aid and advice to the poor, constitution and functions of committees and
sub-committees for that purpose and description of proceedings in connection with which legal aid or
advice may be given;]
(h) the summoning and holding of meetings of the Bar Council, 2*** the conduct of business thereat,
and the number of members necessary to constitute a quorum;
(i) the constitution and functions of any committee of the Bar Council and the term of office of
members of any such committee;
(j) the summoning and holding of meetings, the conduct of business of any such committee, and the
number of members necessary to constitute a quorum;
(k) the qualifications and the conditions of service of the secretary, the accountant and other
employees of the Bar Council;
(l) the maintenance of books of accounts and other books by the Bar Council;
(m) the appointment of auditors and the audit of the accounts of the Bar Council;
(n) the management and investment of the funds of the Bar Council.
(3) No rules made under this section by a State Bar Council shall have effect unless they have been
approved by the Bar Council of India.
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES
16. Senior and other advocates.―(1) There shall be two classes of advocates, namely, senior advocates
and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High
Court is of opinion that by virtue of his ability, 3[standing at the Bar or special knowledge or experience in
law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council
of India may, in the interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the
appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
4
[Provided that where any such senior advocate makes an application before the 31st December, 1965 to
the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as
a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.]
17. State Bar Councils to maintain roll of advocates.―(1) Every State Bar Council shall prepare and
maintain a roll of advocates in which shall be entered the names and addresses of—
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar
Councils Act, 1926 (38 of 1926), immediately before the appointed day 5[including persons, being citizens

1. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31-1-1974).

2. The words “the times and places where such meetings are to be held” omitted by s. 12, ibid. (w.e.f. 31-1-1974).
3. Subs. by s. 13, ibid., for “experience and standing at the Bar” (w.e.f. 31-1-1974).
4. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16-5-1964).
5. Subs. by Act 60 of 1973, s. 14, for “and who, within the prescribed time” (w.e.f. 31-1-1974).
13
 of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any
area which before the said date was comprised within India as defined in the Government of India
Act, 1935 and who at any time] express an intention in the prescribed manner to practise within the
jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this
Act on or after the appointed day.
(2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior
advocates and the second part, the names of other advocates.
(3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this
section shall be in the order of seniority, 1[and, subject to any rule that may be made by the Bar Council of
India in this behalf, such seniority shall be determined] as follows:―
(a) the seniority of an advocate referred to in clause (a) of sub-section (1) shall be determined in
accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926);
(b) the seniority of any person who was a senior advocate of the Supreme Court immediately before
the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance
with such principles as the Bar Council of India may specify;
2
* * * * *
(d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior
advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as
the case may be.
3
[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled [whether
before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 1980)] as an advocate
shall be determined in accordance with the date of his enrolment as an attorney.]
(4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council.
18. Transfer of name from one State roll to another.―(1) Notwithstanding anything contained in
section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make
an application in the prescribed form to the Bar Council of India for the transfer of his name from the roll of
that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application the
Bar Council of India shall direct that the name of such person shall, without the payment of any fee, be
removed from the roll of the first mentioned State Bar Council and entered in the roll of the other State Bar
Council and the State Bar Councils concerned shall comply with such direction:
4
[Provided that where any such application for transfer is made by a person against whom any disciplinary
proceeding is pending or where for any other reason it appears to the Bar Council of India that the application
for transfer has not been made bona fide and that the transfer should not be made, the Bar Council of India
may, after giving the person making the application an opportunity of making a representation in this behalf,
reject the application.]
(2) For the removal of doubts it is hereby declared that where on an application made by an advocate
under sub-section (1), his name is transferred from the roll of one State Bar Council to that of another, he shall
retain the same seniority in the latter roll to which he was entitled in the former roll.

1. Subs. by Act 21 of 1964, s. 9, for “and such seniority shall be determined” (w.e.f. 16-5-1964).
2. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974).
3. Ins. by Act 47 of 1980, s. 2 (29-11-1980).
4. The proviso added by Act 21 of 1964, s. 10 (w.e.f. 16-5-1964).
14
 19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India.―Every State
Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by
it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations
in and additions to any such roll, as soon as the same have been made.
1
[20. Special provision for enrolment of certain Supreme Court advocates.―(1) Notwithstanding
anything contained in this Chapter, every advocate who was entitled as of right to practise in the Supreme
Court immediately before the appointed day and whose name is not entered in any State roll may, within the
prescribed time, express his intention in the prescribed form to the Bar Council of India for the entry of his
name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the
name of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council, and
the State Bar Council concerned shall comply with such direction.
(2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under
sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of sub-
section (3) of section 17.
(3) Where an advocate referred to in sub-section (1) omits or fails to express his intention within the
prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi.]
21. Disputes regarding seniority.―(1) Where the date of seniority of two or more persons is the same,
the one senior in age shall be reckoned as senior to the other.
2
[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be
referred to the State Bar Council concerned for decision.]
3
[22. Certificate of enrolment.―(1) There shall be issued a certificate of enrolment in the prescribed
form by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it
under this Act.
(2) Every person whose name is so entered in the State roll shall notify any change in the place of his
permanent residence to the State Bar Council concerned within ninety days of such change.]
23. Right of pre-audience.―(1) The Attorney-General of India shall have pre-audience over all other
advocates.
(2) Subject to the provisions of sub-section (1), the Solicitor-General of India shall have pre-audience over
all other advocates.
(3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-General of India shall
have pre-audience over all other advocates.
4
[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General
of India shall have pre-audience over all other advocates.]
(4) Subject to the provisions of sub-sections (1), 5[(2), (3) and (3A)], the Advocate-General of any State
shall have pre-audience over all other advocates, and the right of pre-audience among Advocates-General
inter se shall be determined by their respective seniority.
(5) Subject as aforesaid—
(i) senior advocates shall have pre-audience over other advocates, and

1. Subs. by Act 60 of 1973, s. 15, for section 20 (w.e.f. 31-1-1974).

2. Subs. by s. 16, ibid., for sub-section (2) (w.e.f. 31-1- 1974).
3. Subs. by s. 17, ibid., for section 22 (w.e.f. 31-1-1974).
4. Ins. by Act 47 of 1980, s. 3 (w.e.f. 29-11-1980).
5. Subs. by s. 3, ibid., for “(2) and (3)” (w.e.f. 29-11-1980).

15
 (ii) the right of pre-audience of senior advocates inter se and other advocates inter se shall be
determined by their respective seniority.
24. Persons who may be admitted as advocates on a State roll.―(1) Subject to the provisions of this
Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if
he fulfils the following conditions, namely:―
(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of any other country may be
admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that
other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the 1[12th day of March, 1967], from any University in the territory of India; or
(ii) before the 15th day of August, 1947, from any University in any area which was comprised
before that date within India as defined by the Government of India Act, 1935; or
2
[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a
three-year course of study in law from any University in India which is recognised for the purposes of
this Act by the Bar Council of India; or
(iiia) after undergoing a course of study in law, the duration of which is not less than two
academic years commencing from the academic year 1967-68 or any earlier academic year from any
University in India which is recognised for the purposes of this Act by the Bar Council of India; or]
3
[(iv) in any other case, from any University outside the territory of India, if the degree is
recognised for the purposes of this Act by the Bar Council of India; or]
4
[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed
the article clerk's examination or any other examination specified by the High Court at Bombay or
Calcutta for enrolment as an attorney of that High Court;] or has obtained such other foreign
qualification in law as is recognised by the Bar Council of India for the purpose of admission as an
advocate under this Act];
6
* * * * *
(e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council
under this Chapter;
7
[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp
Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8[six hundred rupees and
to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that
Council:]

1. Subs. by Act 60 of 1973, s. 18, for “28th day of February, 1963” (w.e.f. 31-1-1974).
2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964).
4. Subs. by Act 60 of 1973, s. 18, for “he is a barrister” (w.e.f. 31-1-1974).
5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976).
6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974).
7. Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974).
8. Subs. by Act 70 of 1993, s. 6, for “two hundred and fifty rupees” (w.e.f. 26-12-1993).
16
 Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and
produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable
by him to the State Bar Council shall be 1[one hundred rupees and to the Bar Council of India, twenty-five
rupees.]
2
[Explanation.―For the purposes of this sub-section, a person shall be deemed to have obtained a
degree in law from a University in India on the date on which the results of the examination for that
degree are published by the University on its notice board or otherwise declaring him to have passed that
examination.]
(2) Notwithstanding anything contained in sub-section (1), 3[a vakil or a pleader who is a law graduate]
may be admitted as an advocate on a State roll if he—
(a) makes an application for such enrolment in accordance with the provisions of this Act, not later
than two years from the appointed day; and
(b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).
4
[(3) Notwithstanding anything contained in sub-section (1) a person who—
(a) 5*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time
to be enrolled under any law 6*** as an advocate of a High Court (including a High Court of a former Part
B State) or of a Court of Judicial Commissioner in any Union territory; or
7
[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the
profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or
who would have been so entitled had he not been in public service on the said date; or]
8
* * * * *
(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was
comprised within Burma as defined in the Government of India Act, 1935 (25 & 26 Geo. 5 C 42); or
(d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this
behalf,
may be admitted as an advocate on a State roll if he—
(i) makes an application for such enrolment in accordance with the provisions of this Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).]
9
* * * * *
10
[24A. Disqualification for enrolment.―(1) No person shall be admitted as an advocate on a State
roll―
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955
(22 of 1955);

1. Subs. by Act 70 of 1993, s. 6, for “one hundred and twenty-five rupees” (w.e.f. 26-12-1993).
2. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962).
3. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964).
4. Ins. by s. 13, ibid. (w.e.f. 16-5-1964).
5. The words, figures and letter “before the 31st day of March, 1964,” omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968).
6. The words “then in force” omitted by s. 2, ibid. (w.e.f. 5-6- 1968).
7. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974).
8. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974).
9. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976).
10. Ins. by Act 60 of 1973, s. 19 (w.e.f. 31-1-1974).
17
 1
[(c) if he is dismissed or removed from employment or office under the State on any charge
involving moral turpitude.

Explanation.―In this clause, the expression “State” shall have the meaning assigned to it under
article 12 of the Constitution:]

Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of
two years has elapsed since his 2[released or dismissal or, as the case may be, removal.]

(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt
with under the provisions of the Probation of Offenders Act, 1958 (20 of 1958).]

25. Authority to whom applications for enrolment may be made.―An application for admission as an
advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant
proposes to practise.

26. Disposal of applications for admission as an advocate.―(1) A State Bar Council shall refer every
application for admission as an advocate to its enrolment committee, and subject to the provisions of
sub-sections (2) and (3) 3[and to any direction that may be given in writing by the State Bar Council in this
behalf], such committee shall dispose of the application in the prescribed manner:
4
[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or
otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an
essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after
giving him an opportunity of being heard.]

(2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall
refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by
a statement of the grounds in support of the refusal of the application.

(3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar
Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India.
3
[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as
an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar
Councils about such refusal stating the name, address and qualifications of the person whose application was
refused and the grounds for the refusal.]
5
[26A. Power to remove names from roll.―A State Bar Council may remove from the State roll the
name of any advocate who is dead or from whom a request has been received to that effect.]

27. Application once refused not to be entertained by another Bar Council except in certain
circumstances.―Where a State Bar Council has refused the application of any person for admission as an
advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as
an advocate on its roll, except with the previous consent in writing of the State Bar Council which refused the
application and of the Bar Council of India.

28. Power to make rules.―(1) A State Bar Council may make rules to carry out the purposes of this
Chapter.

1. Ins. by Act 70 of 1993, s. 7 (w.e.f. 26-12-1993).

2. Subs. by s. 7, ibid., for “release” (w.e.f. 26-12-1993).
3. Ins. by Act 21 of 1964, s. 14 (w.e.f.16-5-1964).
4. The proviso added by s. 14, ibid. (w.e.f. 16-5-1964).
5. Subs. by Act 60 of 1973, s. 20, for section 26A (w.e.f. 31-1-1974).
18
 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for—
1
[(a) the time within which and form in which an advocate shall express his intention for the entry of
his name in the roll of a State Bar Council under section 20;]
2
* * * * *
(c) the form in which an application shall be made to the Bar Council for admission as an advocate
on its roll and the manner in which such application shall be disposed of by the enrolment committee of
the Bar Council;
(d) the conditions subject to which a person may be admitted as an advocate on any such roll;
(e) the instalments in which the enrolment fee may be paid.
(3) No rules made under this Chapter shall have effect unless they have been approved by the Bar Council
of India.
CHAPTER IV
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled to practise law.―Subject to the
provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class
of persons entitled to practise the profession of law, namely, advocates.
30. Right of advocates to practise.―Subject to the provisions of this Act, every advocate whose name is
entered in the 3[State roll] shall be entitled as of right to practise throughout the territories to which this Act
extends,―
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the
time being in force entitled to practise.
31. [Special provision for attorneys.].―Omitted by the Advocates (Amendment) Act, 1976 (107 of 1976),
s. 7 (w.e.f. 1-1-1977).
32. Power of court to permit appearances in particular cases.―Notwithstanding anything contained in
this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this
Act, to appear before it or him in any particular case.
33. Advocates alone entitled to practise.―Except as otherwise provided in this Act or in any other law
for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or
before any authority or person unless he is enrolled as an advocate under this Act.
34. Power of High Courts to make rules.―(1) The High Court may make rules laying down the
conditions subject to which an advocate shall be permitted to practise in the High Court and the courts
subordinate thereto.
4
[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable
as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court
or in any Court subordinate thereto.]

1. Subs. by Act 60 of 1973, s. 21, for clause (a) (w.e.f. 31-1-1974).

2. Clause (b) omitted by s. 21, ibid. (w.e.f. 31-1-1974).
3. Subs. by s. 22, ibid., for “common roll” (w.e.f. 31-1- 1974).
4. Ins. by s. 23, ibid. (w.e.f. 31-1-1974).
19
 1
[(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may
make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be
passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State
roll and any other matter connected therewith.]
2
* * * * *
CHAPTER V
CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct.―(1) Where on receipt of a complaint or otherwise a State
Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other
misconduct, it shall refer the case for disposal to its disciplinary committee.
3
[(1A) The State Bar Council may, either of its own motion or on application made to it by any person
interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made
by any other disciplinary committee of that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 4*** shall fix a date for the hearing of the case and
shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the
Advocate-General an opportunity of being heard, may make any of the following orders, namely:―
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the
period of suspension, be debarred from practising in any court or before any authority or person in India.
(5) Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may
appear before the disciplinary committee of the State Bar Council either in person or through any advocate
appearing on his behalf.
[Explanation.―In this section, 3[section 37 and section 38], the expressions “Advocate-General” and
5

“Advocate-General of the State” shall, in relation to the Union territory of Delhi, mean the Additional
Solicitor General of India.]
36. Disciplinary powers of Bar Council of India.―(1) Where on receipt of a complaint or otherwise the
Bar Council of India has reason to believe that any advocate 6*** whose name is not entered on any State roll
has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary
committee.

(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of
India may, 7[either of its own motion or on a report by any State Bar Council or on an application made to it

1. Ins. by Act 38 of 1977, s. 6 (w.e.f. 31-10-1977).

2. Sub-section (3) omitted by Act 107 of 1976, s. 8 (w.e.f. 1-1-1977).
3. Ins. by Act 60 of 1973, s. 24 (w.e.f. 31-1-1974).
4. The words “, if it does not summarily reject the complaint,” omitted by s. 24, ibid. (w.e.f. 31-1-1974).
5. Ins. by Act 21 of 1964, s. 17 (w.e.f. 16-5-1964).
6. The words “on the common roll” omitted by Act 60 of 1973, s. 25 (w.e.f. 31-1-1974).
7. Subs. by s. 25, ibid., for “of its own motion” (w.e.f. 31-1- 1974).
20
by any person interested], withdraw for inquiry before itself any proceedings for disciplinary action against
any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same.

(3) The disciplinary committee of the Bar Council of India, in disposing of any case under this section,
shall observe, so far as may be, the procedure laid down in section 35, the references to the Advocate-General
in that section being construed as references to the Attorney-General of India.

(4) In disposing of any proceedings under this section the disciplinary committee of the Bar Council of
India may make any order which the disciplinary committee of a State Bar Council can make under
sub-section (3) of section 35, and where any proceedings have been withdrawn for inquiry 1[before the
disciplinary committee of the Bar Council of India], the State Bar Council concerned shall give effect to any
such order.
2
[36A. Changes in constitution of disciplinary committees.―Whenever in respect of any proceedings
under section 35 or section 36, a disciplinary committee of the State Bar Council or a disciplinary committee
of the Bar Council of India ceases to exercise jurisdiction and is succeeded by another committee which has
and exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary committee
of the Bar Council of India, as the case may be, so succeeding may continue the proceedings from the stage at
which the proceedings were so left by its predecessor committee.

36B. Disposal of disciplinary proceedings.―(1) The disciplinary committee of a State Bar Council shall
dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall
be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation
of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings
shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding
withdrawn for inquiry under sub-section (2) of section 36.

(2) Notwithstanding anything contained in sub-section (1), where on the commencement of the Advocates
(Amendment) Act, 1973 (60 of 1973), any proceedings in respect of any disciplinary matter against an
advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of
the State Bar Council shall dispose of the same within a period of six months from the date of such
commencement or within a period of one year from the date of the receipt of the complaint or, as the case may
be, the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing
which such proceedings shall stand transferred to the Bar Council of India for disposal under sub-section (1).]

37. Appeal to the Bar Council of India.―(1) Any person aggrieved by an order of the disciplinary
committee of a State Bar Council made 3[under section 35] 4[or the Advocate-General of the State] may,
within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of
India.

(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may
pass such order 4[(including an order varying the punishment awarded by the disciplinary committee of the
State Bar Council)] thereon as it deems fit:
4
[Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the
disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without
giving him reasonable opportunity of being heard.]

1. Subs. by Act 60 of 1973, s. 25, for “before the Bar Council of India” (w.e.f. 31-1-1974).
2. Ins. by s. 26, ibid. (w.e.f. 31-1-1974).
3. Subs. by Act 21 of 1964, s. 18, for “under sub-section (3) of section 35” (w.e.f. 16-5-1964).
4. Ins. by Act 60 of 1973, s. 27 (w.e.f. 31-1-1974).
21
 38. Appeal to the Supreme Court.―Any person aggrieved by an order made by the disciplinary
committee of the Bar Council of India under section 36 or section 37 1[or the Attorney-General of India or the
Advocate-General of the State concerned, as the case may be,] may, within sixty days of the date on which the
order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such
order 1[(including an order varying the punishment awarded by the disciplinary committee of the Bar Council
of India)] thereon as it deems fit:
1
[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the
Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity
of being heard.]
2
[39. Application of sections 5 and 12 of Limitation Act, 1963.―The provisions of sections 5 and 12 of
the Limitation Act, 1963 (36 of 1963), shall, so far as may be, apply to appeals under section 37 and section
38.]
40. Stay of order.―3[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of
the order appealed against, but the disciplinary committee of the Bar Council of India, or the Supreme Court,
as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it
may deem fit.
4
[(2) Where an application is made for stay of the order before the expiration of the time allowed for
appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Council, or the
disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the
stay of such order on such terms and conditions as it may deem fit.]
41. Alteration in roll of advocates.―(1) Where an order is made under this Chapter reprimanding or
suspending an advocate, a record of the punishment shall be entered against his name—
(a) in the case of an advocate whose name is entered in a State roll, in that roll;
5
* * * * *
and where any order is made removing an advocate from practice, his name shall be struck off the State roll
6
***.
7
* * * * *
(3) Where any advocate is suspended or removed from practice, the certificate granted to him under
section 22, in respect of his enrolment shall be recalled.
42. Powers of disciplinary committee.―(1) The disciplinary committee of a Bar Council shall have the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of
the following matters, namely:―
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed:

1. Ins. by Act 60 of 1973, s. 28 (w.e.f. 31-1-1974).

2. Subs. by s. 29, ibid., for section 39 (w.e.f. 31-1-1974).
3. Section 40 re-numbered as sub-section (1) of that section by s. 30, ibid. (w.e.f. 31-1-1974).
4. Ins. by s. 30, ibid. (w.e.f. 31-1-1974).
5. Clause (b) omitted by s. 31, ibid. (w.e.f. 31-1-1974).
6. The words “or the common roll, as the case may be” omitted by s. 31, ibid. (w.e.f. 31-1-1974).
7. Sub-section (2) omitted by s. 31, ibid. (w.e.f. 31-1-1974).
22
 Provided that no such disciplinary committee shall have the right to require the attendance of—
(a) any presiding officer of a court except with the previous sanction of the High Court to which such
court is subordinate;
(b) any officer of a revenue court except with the previous sanction of the State Government.
(2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and every
such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485
of the Code of Criminal Procedure, 18981 (5 of 1898).
(3) For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary
committee may send to any civil court in the territories to which this Act extends, any summons or other
process, for the attendance of a witness or the production of a document required by the committee or any
commission which it desires to issue, and the civil court shall cause such process to be served or such
commission to be issued, as the case may be, and may enforce any such process as if it were a process for
attendance or production before itself.
2
[(4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on a date
fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue the
proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in
any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on
any such date:
Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be made in any
proceeding unless the Chairman and other members of the disciplinary committee are present.
(5) Where no final orders of the nature referred to in sub- section (3) of section 35 can be made in any
proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee
either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon,
shall be laid before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting
as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council,
and the said Chairman or the Vice-Chairman of the Bar Council, as the case may be, after such hearing as he
thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.]
3
[42A. Powers of Bar Council of India and other committees.― The provisions of section 42 shall, so
far as may be, apply in relation to the Bar Council of India, the enrolment committee, the election committee,
the legal aid committee, or any other committee of a Bar Council as they apply in relation to the disciplinary
commitee of a Bar Council.]
43. Cost of proceedings before a disciplinary committees.― The disciplinary committee of a Bar
Council may make such order as to the costs of any proceedings before it as it may deem fit and any such
order shall be executable as if it were an order―
(a) in the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme
Court;
(b) in the case of an order of the disciplinary committee of a State Bar Council, of the High Court.
44. Review of orders by disciplinary committee.― The disciplinary committee of a Bar Council may of
its own motion or otherwise review any order 4[within sixty days of the date of that order,] passed by it under
this Chapter:

1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974), ss. 345(1), 346 and 349.
2. Ins. by Act 60 of 1973, s. 32 (w.e.f. 31-1-1974).
3. Ins. by s. 33, ibid. (w.e.f. 31-1-1974).
4. Ins. by s. 34, ibid. (w.e.f. 31-1-1974).
23
 Provided that no such order of review of the disciplinary committee of a State Bar Council shall have
effect unless it has been approved by the Bar Council of India.
CHAPTER VI
MISCELLANEOUS
45. Penalty for persons illegally practising in courts and before other authorities.―Any person who
practises in any court or before any authority or person, in or before whom he is not entitled to practise under
the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
[46. Payment of part of enrolment fees to the Bar Council of India].―Omitted by Act 70 of 1993, s. 8
(w.e.f. 26-12-1993).
1
[46A. Financial assistance to State Bar Council.―The Bar Council of India may, if it is satisfied that
any State Bar Council is in need of funds for the purpose of performing its functions under this Act, give such
financial assistance as it deems fit to that Bar Council by way of grant or otherwise.]
47. Reciprocity.―(1) Where any country, specified by the Central Government in this behalf by
notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects
them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the
profession of law in India.
(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribe the conditions, if
any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be
recognised for the purpose of admission as an advocate under this Act.
48. Indemnity against legal proceedings.―No suit or other legal proceeding shall lie against any Bar
Council or any committee thereof or a member of a Bar Council 2[or any committee thereof] for any act in
good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made
thereunder.
3
[48A. Power of revision.―(1) The Bar Council of India may, at any time, call for the record of any
proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and
from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal
and may pass such orders in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this section without giving him
a reasonable opportunity of being heard.
4
[48AA. Review.―The Bar Council of India or any of its committees, other than its disciplinary
committee, may of its own motion or otherwise review any order, within sixty days of the date of that order,
passed by it under this Act.]
48B. Power to give directions.―(1) For the proper and efficient discharge of the functions of a State Bar
Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general
supervision and control, give such directions to the State Bar Council or any committee thereof as may appear
to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar
Council of India may, without prejudice to the generality of the foregoing power, give such directions to the
ex officio member thereof as may appear to it to be necessary, and such directions shall have effect,
notwithstanding anything contained in the rules made by the State Bar Council.]

1. Ins. by Act 60 of 1973, s. 35 (w.e.f. 31-1-1974).

2. Ins. by s. 36, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964).
4. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31-1-1974).
24
 49. General power of the Bar Council of India to make rules.― 1[(1)] The Bar Council of India may
make rules for discharging its functions under this Act, and, in particular, such rules may prescribe—
2
[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar
Council including the qualifications or disqualifications of voters, and the manner in which an electoral
roll of voters may be prepared and revised by a State Bar Council;

(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;

(ac) the time within which and the manner in which effect may be given to the proviso to sub-section
(2) of section 3;

(ad) the manner in which the name of any advocate may be prevented from being entered in more
than one State roll;

(ae) the manner in which the seniority among advocates may be determined;
3
[(af) the minimum qualifications required for admission to a course of degree in law in any
recognised University;]

(ag) the class or category of persons entitled to be enrolled as advocates;

(ah) the conditions subject to which an advocate shall have the right to practise and the circumstances
under which a person shall be deemed to practise as an advocate in a court;]
(b) the form in which an application shall be made for the transfer of the name of an advocate from
one State roll to another;
(c) the standards of professional conduct and etiquette to be observed by advocates;
(d) the standards of legal education to be observed by Universities in India and the inspection of
Universities for that purpose;
(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be
recognised for the purpose of admission as an advocate under this Act;
(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own
disciplinary committee;
(g) the restrictions in the matter of practice to which senior advocates shall be subject;
4
[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions,
appearing before any court or tribunal;]
(h) the fees which may be levied in respect of any matter under this Act;
5
[(i) general principles for guidance of State Bar Councils and the manner in which directions issued
or orders made by the Bar Council of India may be enforced;
(j) any other matter which may be prescribed:]
4
[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have
been approved by the Chief Justice of India:]

1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964).
3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974).
4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964).
25
 1
[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been
approved by the Central Government.
2
[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with
reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or
repealed or amended in accordance with the provisions of this Act.]
3
[49A. Power of Central Government to make rules.―(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with
respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide
for—
(a) qualifications for membership of a Bar Council and disqualifications for such membership;
(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar
Councils and the manner in which the directions issued or orders made by the Bar Council of India may
be enforced;
(c) the class or category of persons entitled to be enrolled as advocates under this Act;
(d) the category of persons who may be exempted from undergoing a course of training and passing
an examination prescribed under clause (d) of sub-section (1) of section 24;
(e) the manner in which seniority among advocates may be determined;
(f) the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the
procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;
(g) any other matter which may be prescribed.
(3) Rules under this section may be made either for the whole of India or for all or any of the Bar
Councils.
(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the
Central Government under this section, then, the rule under this section, whether made before or after the rule
made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to the extent of the
repugnancy, be void.
4
[(5) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.]
50. Repeal of certain enactments.―(1) On the date on which a State Bar Council is constituted under
this Act, the provisions of sections 3 to 7 (inclusive), sub-sections (1), (2) and (3) of section 9, section 15 and
section 20 of the Indian Bar Councils Act, 1926 (38 of 1926), shall stand repealed in the territory for which
the State Bar Council is constituted.

1. Subs. by Act 60 of 1973, s. 38, for “Provided that” (w.e.f. 31-1-1974).

2. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).
3. Ins. by Act 21 of 1964, s. 21 (w.e.f. 16-5-1964).
4. Subs. by Act 60 of 1973, s. 39, for sub-section (5) (w.e.f. 31-1- 1974).
26
 (2) On the date on which Chapter III comes into force, the following shall stand repealed, namely:―
(a) sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections
8, 9, 16, 17, 19 and 41 of that Act as relate to the admission and enrolment of legal practitioners;
(b) sections 3, 4 and 6 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);
(c) so much of section 8 of the Indian Bar Councils Act, 1926 (38 of 1926), as relates to the admission
and enrolment of legal practitioners;
(d) the provisions of the Letters Patent of any High Court and of any other law in so far as they relate
to the admission and enrolment of legal practitioners.
(3) On the date on which Chapter IV comes into force, the following shall stand repealed, namely:―
(a) sections 4, 5, 10 and 20 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections
8, 9, 19 and 41 of that Act as confer on legal practitioners the right to practise in any court or before any
authority or person;
(b) sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);
(c) section 14 of the Indian Bar Councils Act, 1926 (38 of 1926) and, so much of sections 8 and 15 of
that Act as confer on legal practitioners the right to practise in any court or before any authority or person;
(d) the Supreme Court Advocates (Practice in High Courts) Act, 1951 (18 of 1951);
(e) the provisions of the Letters Patent of any High Court and of any other law conferring on legal
practitioners the right to practise in any court or before any authority or person.
(4) On the date on which Chapter V comes into force, the following shall stand repealed, namely:―
(a) sections 12 to 15 (inclusive), sections 21 to 24 (inclusive) and sections 39 and 40 of the Legal
Practitioners Act, 1879 (18 of 1879), and so 82 much of sections 16, 17 and 41 of that Act as relate to the
suspension, removal or dismissal of legal practitioners;
(b) sections 24 to 27 (inclusive) of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);
(c) sections 10 to 13 (inclusive) of the Indian Bar Councils Act, 1926 (38 of 1926);
(d) the provisions of the Letters Patent of any High Court and of any other law in so far as they relate
to the suspension, removal or dismissal of legal practitioners.
(5) When the whole of this Act has come into force—
(a) the remaining provisions of the Acts referred to in this section which do not stand repealed by
virtue of any of the foregoing provisions of this section (except sections 1, 3 and 36 of the Legal
Practitioners Act, 1879) (18 of 1879) shall stand repealed;
(b) the enactment specified in the Schedule shall stand repealed to the extent mentioned therein.
51. Rule of construction.―On and from the appointed day, references in any enactment to an advocate
enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under
this Act.
52. Saving.―Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules
under article 145 of the Constitution―
(a) for laying down the conditions subject to which a senior advocate shall be entitled to practise in
that Court;

27
 (b) for determining the persons who shall be entitled to 1[act or plead] in that Court.
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.―Notwithstanding anything contained in this Act, the elected
members of a State Bar Council, constituted for the first time under this Act, shall be elected by and from
amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to
practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be
constituted.
Explanation.―Where the territory for which the Bar Council is to be constituted includes a Union
territory, the expression “High Court” shall include the court of the Judicial Commissioner of that Union
territory.
54. Term of office of members of first State Bar Councils.―Notwithstanding anything contained in
this Act, the term of office of the 2*** elected members of 3*** a State Bar Council constituted for the first
time, shall be two years from the date of the first meeting of the Council:
4
[Provided that such members shall continue to hold office until the State Bar Council is reconstituted in
accordance with the provisions of this Act.]
55. Rights of certain existing legal practitioners not affected.―Notwithstanding anything contained in
this Act.—
(a) every pleader or vakil practising as such immediately before the date on which Chapter IV comes
into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal
Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), or any
other law who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act;
5
* * * * *
6
[(c) every mukhtar practising as such immediately before the said date by virtue of the provisions of
the Legal Practitioners Act, 1879 (18 of 1879), or any other law, who does not elect to be, or is not
qualified to be, enrolled as an advocate under this Act;
(d) every revenue agent practising as such immediately before the said date by virtue of the provisions
of the Legal Practitioners Act, 1879 (18 of 1879), or any other law;]
shall, notwithstanding the repeal by this Act of the relevant provisions of the Legal Practitioners Act, 1879
(18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920), or other law, continue to enjoy the
same rights as respects practice in any court or revenue office or before any authority or person and be subject
to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be, to which he was
subject immediately before the said date and accordingly the relevant provisions of the Acts or law aforesaid
shall have effect in relation to such persons as if they had not been repealed.
56. Dissolution of existing Bar Councils.―(1) On the constitution under this Act of a State Bar Council,
other than the Bar Council of Delhi (hereinafter referred to as the new Bar Council)—
(a) all properties and assets vesting in the corresponding Bar Council shall vest in the new Bar
Council;

1. Subs. by Act 70 of 1993, s. 9, for “act” (w.e.f. 26-12-1993).

2. The words “nominated and” omitted by Act 14 of 1962, s. 3 (w.e.f. 30-3-1962).
3. The words “the Bar Council of India and” omitted by Act 21 of 1964, s. 22 (w.e.f. 16-5-1964).
4. Ins. by s. 22, ibid. (w.e.f. 16-5-1964).
5. Clause (b) omitted by Act 107 of 1976, s. 10 (w.e.f. 1-1-1977).
6. Subs. by Act 21 of 1964, s. 23, for clause (c) (w.e.f. 16-5-1964).
28
 (b) all rights, liabilities, and obligations of the corresponding Bar Council, whether arising out of any
contract or otherwise, shall be the rights, liabilities and obligations respectively of the new Bar Council;
(c) all proceedings pending before the corresponding Bar Council in respect of any disciplinary matter
or otherwise shall stand transferred to the new Bar Council.
(2) In this section, “corresponding Bar Council” in relation to a State Bar Council, other than the Bar
Council of Delhi, means the Bar council for the High Court in the territory for which the State Bar Council is
constituted under this Act.
57. Power to make rules pending the constitution of a Bar Council.―Until a Bar Council is
constituted under this Act, the power of that Bar Council to make rules under this Act shall be exercised—
(a) in the case of the Bar Council of India, by the Supreme Court;
(b) in the case of a State Bar Council, by the High Court.
1
[58. Special provisions during the transitional period.―(1) Where a State Bar Council has not been
constituted under this Act or where a State Bar Council so constituted is unable to perform its functions by
reason of any order of a court or otherwise, the functions of that Bar Council or of any committee thereof, in
so far as they relate to the admission and enrolment of advocates, shall be performed by the High Court in
accordance with the provisions of this Act.
(2) Until Chapter IV comes into force, a State Bar Council or a High Court performing the functions of a
State Bar Council may enrol any person to be an advocate on a State roll, if he is qualified to be so enrolled
under this Act, notwithstanding that no rules have been made under section 28 or that the rules so made have
not been approved by the Bar Council of India, and every person so enrolled shall, until that Chapter comes
into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the Indian Bar
Councils Act, 1926 (38 of 1926).
(3) Notwithstanding anything contained in this Act, every person who, immediately before the 1st day of
December, 1961, was an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926
(38 of 1926) or who has been enrolled as an advocate under this Act shall, until Chapter IV comes into force,
be entitled as of right to practise in the Supreme Court, subject to the rules made by the Supreme Court in this
behalf.
(4) Notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the Legal Practitioners
Act, 1879 (18 of 1879) or of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920) 2[or of any other law
relating to the admission and enrolment of legal practitioners, the provisions of the Acts and law aforesaid]
and any rules made thereunder in so far as they relate to 3[the renewal or the issue by way of renewal] of a
certificate to a legal practitioner authorising him to practise shall have effect until Chapter IV comes into force
and, accordingly, every certificate issued or renewed to a legal practitioner (who is not enrolled as an advocate
under this Act) which is or purports to be issued or renewed under the provisions of either of the aforesaid
Acts 4[or of the other law] during the period beginning with the 1st day of December, 1961 and ending with
the date on which Chapter IV comes into force, shall be deemed to have been validly issued or renewed.
5
[58A. Special provisions with respect to certain advocates.―(1) Notwithstanding anything contained
in this Act, all advocates who, immediately before the 26th day of July, 1948, were entitled to practise in the
High Court in Allahabad or the Chief Court in Oudh and who under the provisions of the United Provinces
High Courts (Amalgamation) Order, 1948 were recognised as advocates entitled to practise in the new High

1. Ins. by Act 14 of 1962, s. 4 (w.e.f. 30-3-1962).

2. Subs. by Act 32 of 1962, s. 3, for certain words (retrospectively).
3. Subs. by Act 21 of 1964, s. 24, for “the issue and renewal” (w.e.f. 16-5-1964).
4. Ins. by Act 32 of 1962, s. 3 (w.e.f. 30-3-1962).
5. Ins. by Act 21 of 1964, s. 25 (w.e.f. 16-5-1964).
29
Court of Judicature at Allahabad but whose names were not formally entered on the roll of advocates of that
High Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court,
and all advocates who were enrolled as such between the said date and the 26th day of May, 1952, shall, for
the purposes of clause (a) of sub-section (1) of section 17 be deemed to be persons who were entered as
advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and every
such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of
Uttar Pradesh.
(2) Notwithstanding anything contained in this Act, all advocates who, immediately before the 10th day of
October, 1952, were entitled to practise in the High Court of Hyderabad but whose names were not formally
entered on the roll of advocates of that High Court merely by reason of the non-payment of the fee payable to
the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (1) of section 17, be
deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar
Councils Act, 1926 (38 of 1926) and every such person may, on an application being made in this behalf, be
admitted as an advocate on the State roll of Andhra Pradesh or of Maharashtra.
(3) Notwithstanding anything contained in this Act, all advocates who, immediately before the 1st day of
May, 1960, were entitled to practise in the High Court of Bombay and who applied to get their names entered
on the roll of advocates of the High Court of Gujarat under the provisions of section 8 of the Indian Bar
Councils Act, 1926 (38 of 1926) but whose names were not so entered by reason of the repeal of the said
provision shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who
were entered as advocates on the roll of the High Court of Gujarat under the said Act and every such person
may, on an application being made in this behalf, be admitted as an advocate on the State roll of Gujarat.
(4) Notwithstanding anything contained in this Act, all persons who, immediately before the 1st day of
December, 1961, were advocates on the roll of the court of Judicial Commissioner in any Union territory
under any law in force in that territory shall, for the purposes of clause (a) of sub-section (1) of section 17, be
deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar
Councils Act, 1926 (38 of 1926) and every such person may, on an application made in this behalf, be
admitted as an advocate on the State roll maintained in respect of that Union territory.
1
[58AA. Special provisions in relation to the Union territory of Pondicherry.―(1) Notwithstanding
anything contained in this Act, all persons who, immediately before the date on which the provisions of
Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the
profession of law (whether by way of pleading or acting or both) under any law in force in the said Union
territory or who would have been so entitled had they not been in public service on the said date, shall for the
purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as
advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such
person may, on an application made in this behalf within such time as may be specified by the Bar Council of
Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory.
(2) Notwithstanding anything contained in this Act, every person who, immediately before the date on
which the provisions of Chapter IV are brought into force in the Union territory of Pondicherry, was
practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue
of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to
be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions
of such law by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), continue to enjoy the same rights
as respects practice in any court or revenue office or before any authority or person and be subject to the
disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was
subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall
have effect in relation to such persons as if they had not been repealed.]

1. Ins. by Act 26 of 1968, s. 3 and Sch. (w.e.f. 24-5-1968).

30
 1
[58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.-
Notwithstanding anything contained in this Act or any judgment, decree or order of any court or any
resolution passed or direction given by the Bar Council of India, every person who was admitted as an
advocate on the State roll by the State Bar Council of Mysore during the period beginning with the 28th day
of February, 1963, and ending on the 31st day of March, 1964, on the basis of his having obtained a certificate
of pleadership from the High Court of Mysore, shall, save as otherwise provided, be deemed to have been
validly admitted as an advocate on that State roll and accordingly entitled to practise the profession of law
(whether by way of pleading or acting or both):
Provided that where any such person has elected to be enrolled as an advocate on the roll of any other
State Bar Council, his name shall be deemed to have been struck off the roll of the State Bar Council of
Mysore from the date he was enrolled by the other State Bar Council:
Provided further that the seniority of such person, whether his name is borne on the State roll of the State
Bar Council of Mysore, or on the State roll of any other Bar Council, shall, for the purposes of clause (d) of
sub-section (3) of section 17, be determined by reckoning the 16th day of May, 1964, as the date of
admission.]
2
[58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar
Council.―Notwithstanding anything contained in this Act or any judgment, decree or order of any court,
every person who was enrolled as an advocate by the High Court during the period beginning with the
2nd day of January, 1962 and ending on the 25th day of May, 1962 and was subsequently admitted as an
advocate on the State roll by the State Bar Council of Uttar Pradesh shall be deemed to have been validly
admitted as an advocate on that State roll from the date of his enrolment by the High Court and accordingly
entitled to practise the profession of law (whether by way of pleading or acting or both).
58AD. Special provisions with respect to certain persons migrating to India.―Notwithstanding the
repeal by this Act of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or of any other law
relating to the admission and enrolment of legal practitioners (hereafter in this section referred to as such Act
or law), every person who migrates to the territory of India from any area which, before the 15th day of
August, 1947, was comprised within India as defined in the Government of India Act, 1935, and who has,
before such migration, been a pleader, mukhtar or revenue agent in any such area under any law in force
therein, may be admitted and enrolled under the relevant provisions of such Act or law as a pleader, mukhtar
or, as the case may be, revenue agent, if he―
(a) makes an application for the purpose to the appropriate authority under such Act or law; and
(b) is a citizen of India and fulfils other conditions, if any, specified in this behalf by the appropriate
authority aforesaid,
and notwithstanding the repeal by this Act of the relevant provisions of such Act or law, every pleader,
mukhtar or revenue agent so enrolled shall have the same rights as respects practice in any court or revenue
office or before any other authority or person and be subject to the disciplinary jurisdiction of the same
authority to which he would be subject under the relevant provisions of such Act or law as if they had not
been repealed and accordingly, those provisions shall have effect in relation to such persons.
58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.―(1)
Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the
provisions of Chapter III are brought into force in the Union territory of Goa, Daman and Diu, were entitled to
practise the profession of law (whether by way of pleading or acting or both) under any law in force in the
said Union territory or who would have been so entitled had they not been in public service on the said date,

1. Ins. by Act 33 of 1968, s. 3 (w.e.f. 5-6-1968).

2. Ins. by Act 60 of 1973, s. 40 (w.e.f. 31-1-1974).

31
shall, for the purpose of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered
as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such
person may, on an application made in this behalf within such time as may be specified by the Bar Council of
Maharashtra, be admitted as an advocate on the State roll maintained in respect of the said Union territory:
Provided that the provisions of this sub-section shall not apply to any person who, on the date of the
application aforesaid, was not a citizen of India.
(2) Notwithstanding anything contained in this Act, every person who, immediately before the date on
which the provisions of Chapter IV are brought into force in the Union territory of Goa, Daman and Diu, was
practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue
of the provisions of any law in force in the said Union territory, or who does not elect to be or is not qualified
to be enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal by this Act of the
relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue
office or before any other authority or person and be subject to the disciplinary jurisdiction of the same
authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date
and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if
they had not been repealed.
(3) On the date on which this Act or any part thereof comes into force in the Union territory of Goa,
Daman and Diu, the law in force in that Union territory which corresponds to this Act or such part and which
does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed.
[58AF. Special provisions in relation to Jammu and Kashmir].―Omitted by the Jammu and Kashmir
Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-
2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 3774(E), dated (23-10-2020).]
1
[58AG. Special provisions in relation to articled clerks.―Notwithstanding anything contained in this
Act, every person who, immediately before the 31st day of December, 1976, has commenced his articleship
and passed the Preliminary examination, for the purpose of enrolment as an attorney of the High Court at
Calcutta in accordance with the rules made under sub-section (2) of section 34, before the omission of that
sub-section by the Advocates (Amendment) Act, 1976 (107 of 1976), be admitted as an advocate on the State
roll if he―
(i) passes, on or before the 31st day of December, 1980,―
(a) the Final examination in a case where such person has, before the 31st day of December,
1976, passed the Intermediate examination,
(b) the Intermediate and the Final examinations in any other case.
Explanation.―For the purpose of this clause, the High Court at Calcutta may prescribe such rules as
may be necessary under sub-section (2) of section 34, specifying the nature of the examinations and any
other matter relating thereto;
(ii) makes an application for such enrolment in accordance with the provisions of this Act; and
(iii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1) of section 24.]
58B. Special provision relating to certain disciplinary proceedings.―(1) As from the 1st day of
September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of
a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar
Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll.
(2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in
relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926

1. Ins. by Act 38 of 1977, s. 7 (w.e.f. 31-10-1977).

32
(38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as
if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of
section 56:
Provided that where in respect of any such proceeding the High Court has received the finding of a
Tribunal constituted under section 11 of the Indian Bar Councils Act, 1926 (38 of 1926), the High Court shall
dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred
on it under section 12 of the said Act as if that section had not been repealed:
Provided further that where the High Court has referred back any case for further inquiry under sub-
section (4) of section 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in
relation to the High Court as if it were a proceeding pending before the corresponding Bar Council under
clause (c) of sub- section (1) of section 56.
(3) If immediately before the said date there is any proceeding in respect of any disciplinary matter
pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any
State roll under the Act, such proceeding shall stand transferred to the State Bar Council on the roll of which
he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder.
(4) In this section “existing advocate” means a person who was enrolled as an advocate on the roll of any
High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and who, at the time when any proceeding
in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a State roll
under this Act.
(5) The provisions of this section shall have effect, notwithstanding anything contained in this Act.]
59. Removal of difficulties.―(1) If any difficulty arises in giving effect to the provisions of this Act,
particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act,
the Central Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the
difficulty.
(2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier
than the 1st day of December, 1961.]
1
[60. Power of Central Government to make rules.―(1) Until rules in respect of any matter under this
Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in
respect of that matter shall be exercisable by the Central Government.
(2) The Central Government after consultation with the Bar Council of India may, by notification in the
Official Gazette, make rules under sub-section (1) either for any State Bar Council or generally for all
State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act.
(3) Where in respect of any matter any rules are made by the Central Government under this section for
any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and
approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette,
direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar
Council with effect from such date as may be specified in the notification and on the issue of such
notification, the rules made by the Central Government shall, accordingly, cease to be in force except as
respects things done or omitted to be done before the said date.]

1. Ins. by Act 32 of 1962, s. 4 (w.e.f. 14-9-1962).

33
 THE SCHEDULE
[See section 50(5)]

REPEAL OF CERTAIN ENACTMENTS

Short title Extent of repeal

1. The Legal Practitioners (Women) Act, 1923 (23 of 1923) The whole.
2. The Legal Practitioners (Fees) Act, 1926 (21 of 1926) The whole.
3. The States Reorganisation Act, 1956 (37 of 1956) Section 53.
4. The Bombay Reorganisation Act, 1960 (11 of 1960) Section 31.

34
 THE CONTEMPT OF COURTS ACT, 1971
__________
ARRANGEMENT OF SECTIONS
__________
SECTIONS
1. Short title and extent.
2. Definitions.
3. Innocent publication and distribution of matter not contempt.
4. Fair and accurate report of judicial proceeding not contempt.
5. Fair criticism of judicial act not contempt.
6. Complaint against presiding officers of subordinate courts when not contempt.
7. Publication of information relating to proceedings in chambers or in camera not contempt except
in certain cases.
8. Other defences not affected.
9. Act not to imply enlargement of scope of contempt.
10. Power of High Court to punish contempts of subordinate courts.
11. Power of High Court to try offences committed or offenders found outside jurisdiction.
12. Punishment for contempt of court.
13. Contempts not punishable in certain cases.
14. Procedure where contempt is in the face of the Supreme Court or a High Court.
15. Cognizance of criminal contempt in other cases.
16. Contempt by judge, magistrate or other person acting judicially.
17. Procedure after cognizance.
18. Hearing of cases of criminal contempt to be by Benches.
19. Appeals.
20. Limitation for actions for contempt.
21. Act not to apply to Nyaya Panchayats or other village courts.
22. Act to be in addition to, and not in derogation of, other laws relating to contempt.
23. Power of Supreme Court and High Courts to make rules.
24. Repeal.

1
 THE CONTEMPT OF COURTS ACT, 1971
ACT NO. 70 OF 1971
[24th December, 1971.]
An Act to define and limit the powers of certain courts in punishing contempts of courts and to
regulate their procedure in relation thereto.
BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—
1. Short title and extent.—(1) This Act may be called the Contempt of Courts Act, 1971.
(2) It extends to the whole of India:
1
* * * * *
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “contempt of court” means civil contempt or criminal contempt;
(b) “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or
other process of a court or wilful breach of an undertaking given to a court;
(c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs,
or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever
which—
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any
court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner;
(d) “High Court” means the High Court for a State or a Union territory, and includes the court of
the Judicial Commissioner in any Union territory.
3. Innocent publication and distribution of matter not contempt.—(1) A person shall not be guilty
of contempt of court on the ground that he has published (whether by words, spoken or written, or by
signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or
obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding
pending at that time of publication, if at that time he had no reasonable grounds for believing that the
proceeding was pending.
(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being
in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil
or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute
contempt of court.
(3) A person shall not be guilty of contempt of court on the ground that he has distributed a
publication containing any such matter as is mentioned in sub-section (1), if at the time of distribution he
had no reasonable grounds for believing that it contained or was likely to contain any such matter as
aforesaid:
Provided that this sub-section shall not apply in respect of the distribution of—
(i) any publication which is a book or paper printed or published otherwise than in conformity
with the rules contained in section 3 of the Press and Registration of Books Act, 1867 (25 of 1867);

1. The Proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).

2
 (ii) any publication which is a newspaper published otherwise than in conformity with the rules
contained in section 5 of the said Act.
Explanation.—For the purposes of this section, a judicial proceeding—
(a) is said to be pending—
(A) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise,
(B) in the case of a criminal proceeding under the Code of Criminal
Procedure, 1898 (5 of 1898), or any other law—
(i) where it relates to the commission of an offence, when the charge-sheet or challan is
filed, or when the court issues summons or warrant, as the case may be, against the accused,
and
(ii) in any other case, when the court takes cognizance of the matter to which the
proceeding relates, and
in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is
heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the
appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the
period of limitation prescribed for such appeal or revision has expired;
(b) which has been heard and finally decided shall not be deemed to be pending merely by reason
of the fact that proceedings for the execution of the decree, order or sentence passed therein are
pending.
4. Fair and accurate report of judicial proceeding not contempt.—Subject to the provisions
contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate
report of a judicial proceeding or any stage thereof.
5. Fair criticism of judicial act not contempt.—A person shall not be guilty of contempt of court
for publishing any fair comment on the merits of any case which has been heard and finally decided.
6. Complaint against presiding officers of subordinate courts when not contempt.—A person
shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning
the presiding officer of any subordinate court to—
(a) any other subordinate court, or
(b) the High Court,
to which it is subordinate.
Explanation.—In this section, “subordinate court” means any court subordinate to a High Court.
7. Publication of information relating to proceedings in chambers or in camera not contempt
except in certain cases.—(1) Notwithstanding anything contained in this Act, a person shall not be guilty
of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court
sitting in chambers or in camera except in the following cases, that is to say,—
(a) where the publication is contrary to the provisions of any enactment for the time being in
force;
(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly
prohibits the publication of all information relating to the proceeding or of information of the
description which is published;
(c) where the court sits in chambers or in camera for reasons connected with public order or the
security of the State, the publication of information relating to those proceedings;
(d) where the information relates to a secret process, discovery or invention which is an issue in
proceedings.

3
 (2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of
contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an
order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the
publication thereof on grounds of public policy, or for reasons connected with public order or the security
of the State, or on the ground that it contains information relating to a secret process, discovery or
invention, or in exercise of any power vested in it.
8. Other defences not affected.—Nothing contained in this Act shall be construed as implying that
any other defence which would have been a valid defence in any proceedings for contempt of court has
ceased to be available merely by reason of the provisions of this Act.
9. Act not to imply enlargement of scope of contempt.—Nothing contained in this Act shall be
construed as implying that any disobedience, breach, publication or other act is punishable as contempt of
court which would not be so punishable apart from this Act.
10. Power of High Court to punish contempts of subordinate courts.—Every High Court shall
have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and
practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts
of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in
respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal
Code (45 of 1860).
11. Power of High Court to try offences committed or offenders found outside jurisdiction.—A
High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to
it, whether the contempt is alleged to have been committed within or outside the local limits of its
jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.
12. Punishment for contempt of court.—(1) Save as otherwise expressly provided in this Act or in
any other law, a contempt of court may be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology
being made to the satisfaction of the Court.
Explanation.—An apology shall not be rejected merely on the ground that it is qualified or
conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a
sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a
court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil
contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of
imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be
detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court
is a company, every person who, at the time the contempt was committed, was in charge of, and was
responsible to, the company for the conduct of business of the company, as well as the company, shall be
deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by
the detention in civil prison of each such person:
Provided that nothing contained in this sub-section shall render any such person liable to such
punishment if he proves that the contempt was committed without his knowledge or that he exercised all
due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to
therein has been committed by a company and it is proved that the contempt has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall also be deemed to

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be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the
detention in civil prison of such director, manager, secretary or other officer.
Explanation.—For the purpose of sub-sections (4) and (5),—
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
1
[13. Contempts not punishable in certain cases.—Notwithstanding anything contained in any law
for the time being in force,—
(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied
that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere
with the due course of justice;
(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid
defence if it is satisfied that it is in public interest and the request for invoking the said defence is
bona fide.]
14. Procedure where contempt is in the face of the Supreme Court or a High Court.—(1) When
it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been
guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained
in custody, and, at any time before the rising of the Court, on the same day, or as early as possible
thereafter, shall—
(a) cause him to be informed in writing of the contempt with which he is charged;
(b) afford him an opportunity to make his defence to the charge;
(c) after taking such evidence as may be necessary or as may be offered by such person and after
hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge;
and
(d) make such order for the punishment or discharge of such person as may be just.
(2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt
under that sub-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 offence is alleged to have been
committed, and the Court is of opinion that it is practicable to do so and that in the interests of proper
administration of justice the application should be allowed, it shall cause the matter to be placed,
together with a statement of the facts of the case, before the Chief Justice for such directions as he may
think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any trial of a person charged with
contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by
a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been
committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is
alleged to have been committed to appear as a witness and the statement placed before the Chief Justice
under sub-section (2) shall be treated as evidence in the case.
(4) Pending the determination of the charge, the Court may direct that a person charged with
contempt under this section shall be detained in such custody as it may specify:
Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks
sufficient is executed with or without sureties conditioned that the person charged shall attend at the time
and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court:
Provided further that the Court may, if it thinks fit, instead of taking bail from such person, discharge
him on his executing a bond without sureties for his attendance as aforesaid.

1. Subs. by Act 6 of 2006, s. 2, for section 13 (w.e.f. 17-3-2006).

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 15. Cognizance of criminal contempt in other cases.—(1) In the case of a criminal contempt, other
than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its
own motion or on a motion made by—
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the Advocate-General, 1[or]
1
[(c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the
Central Government may, by notification in the Official Gazette, specify in this behalf, or any other
person, with the consent in writing of such Law Officer.]
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a
reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation
to a Union territory, by such Law Officer as the Central Government may, by notification in the Official
Gazette, specify in this behalf.
(3) Every motion or reference made under this section shall specify the contempt of which the person
charged is alleged to be guilty.
Explanation.—In this section, the expression “Advocate-General” means,—
(a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the State or any of the States for which
the High Court has been established;
(c) in relation to the court of a Judicial Commissioner, such Law Officer as the Central
Government may, by notification in the Official Gazette, specify in this behalf.
16. Contempt by judge, magistrate or other person acting judicially.—(1) Subject to the
provisions of any law for the time being in force, a judge, magistrate or other person acting judicially
shall also be liable for contempt of his own court or of any other court in the same manner as any other
individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.
(2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or
other person acting judicially, regarding a subordinate court in an appeal or revision pending before such
judge, magistrate or other person against the order or judgment of the subordinate court.
17. Procedure after cognizance.—(1) Notice of every proceeding under section l5 shall be served
personally on the person charged, unless the Court for reasons to be recorded directs otherwise.
(2) The notice shall be accompanied,—
(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of
the affidavits, if any, on which such motion is founded; and
(b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the
reference.
(3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep
out of the way to avoid service of the notice, order the attachment of his property of such value or amount
as it may deem reasonable.
(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of
Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of
money, and if, after such attachment, the person charged appears and shows to the satisfaction of the
Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order
the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.

1. Ins. by Act 45 of 1976, s. 2 (w.e.f. 30-3-1976).

6
 (5) Any person charged with contempt under section 15 may file an affidavit in support of his
defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking
such further evidence as may be necessary, and pass such order as the justice of the case requires.
18. Hearing of cases of criminal contempt to be by Benches.—(1) Every case of criminal contempt
under section 15 shall be heard and determined by a Bench of not less than two judges.
(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner.
19. Appeals.—(1) An appeal shall lie as of right from any order or decision of the High Court in the
exercise of its jurisdiction to punish for contempt—
(a) where the order or decision is that of a single judge, to a Bench of not less than two judges of
the Court;
(b) where the order or decision is that of a Bench, to the Supreme Court:
Provided that where the order or decision is that of the Court of the Judicial Commissioner in any
Union territory, such appeal shall lie to the Supreme Court.
(2) Pending any appeal, the appellate Court may order that—
(a) the execution of the punishment or order appealed against be suspended;
(b) if the appellant is in confinement, he be released on bail; and
(c) the appeal be heard notwithstanding that the appellant has not purged his contempt.
(3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High
Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers
conferred by sub-section (2).
(4) An appeal under sub-section (1) shall be filed—
(a) in the case of an appeal to a Bench of the High Court, within thirty days;
(b) in the case of an appeal to the Supreme Court, within sixty days,
from the date of the order appealed against.
20. Limitation for actions for contempt.—No court shall initiate any proceedings of contempt,
either on its own motion or otherwise, after the expiry of a period of one year from the date on which the
contempt is alleged to have been committed.
21. Act not to apply to Nyaya Panchayats or other village courts.—Nothing contained in this Act
shall apply in relation to contempt of Nyaya Panchayats or other village courts, by whatever name
known, for the administration of justice, established under any law.
22. Act to be in addition to, and not in derogation of, other laws relating to contempt.—The
provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law
relating to contempt of courts.
23. Power of Supreme Court and High Courts to make rules.—The Supreme Court or, as the case
may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for
any matter relating to its procedure.
24. Repeal.—The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed.