The legal profession is an important limb of the machinery for the administration of justice.

Without a well-organized profession of law, the courts wouldn't be in a position to administer

justice effectively. A well-organized system of judicial administration postulates a properly
equipped and efficient bar.

>What is the legal Profession?

The profession of law is one of the oldest and noblest professions. The person in the legal
profession is called an advocate or lawyer. An advocate is an officer of justice and a friend of
the court. The central function that the legal profession must perform is nothing less than the
administration of justice. An advocate assists the parties in drafting economic transactions like
contracts, agreements, deeds, wills, etc. An advocate should provide free legal aid to the poor
and deserving people on compassionate grounds.

Development of Legal Profession in India:

Development of the legal profession In India can be divided into the following phases:

1. Legal profession in Ancient India

2. Legal Profession in Medieval India 3) Legal profession in British India
3. Legal profession in India after Independence.

Legal Profession in Ancient India:

In India during the earlier period, people live in small groups. The head of these groups or tribes
delivered justice under the open sky before all the members. There was no specialist like a
lawyer during those days. When kingship was established, the king delivered justice. King was
advised by his councilors. The law of those days was rooted in Hindu religion and custom.

From the stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise men
who solved the critical cases of those days. During those days, the sufferer presented
complaints before the king and the king with the help of his religious heads and wise courtier
delivered the judgment.

Legal Profession in Medieval India:

During the Muslim period, there was the existence of the Legal profession, as the party of the
litigation appoints their vakils. This body decides the case and they were paid a percentage of
the amount in the suit. However, in this period the legal profession was not so organized. Vakils
performed their work as an agent for the principal but not as lawyers.

Legal Profession in British India:

During the British period, the model legal system was developed in India. Before 1726, the
courts derived their power, not from the British Crown but the East India Company.

1. Charter of 1726:
The year 1726 marked the beginning of a new phase in the evolution of judicial
institutions in India. The mayor's courts were established in the presiding towns of
Bombay, Calcutta, and Madras, they were the royal courts. The courts heard all civil
suits, action pleas between parties, they followed the procedure based on English law.
But there were no facilities to get the legal training. Many persons who do not know law
were used to practice before the said courts. The Mayor's court has no jurisdiction in
criminal cases. The criminal jurisdiction was conferred on the governor.

2. Charter of 1753:
It was issued to modify the charter of 1726. This charter also ignored significant
provisions for legal training and education relating to legal practitioners and as such,
after this charter also the legal profession was not organized.

3. Charter of 1774:
The British crown issued a charter in 1774 by which the Supreme Court of judicature
was established at Calcutta. Clause 2 of the Charter empowered the said Supreme Court
to approve and enroll advocates and Attorney-at-law. The Supreme Court had powers to
remove any advocate or Attorney on reasonable cause.
Even the Charter of 1774 didn't provide for the appearance of the Indian Legal
Practitioners to appear and to plead before the Supreme Court.
'Advocate' means British and Irish Barristers.
'Attorney' means the British Attorney or Solicitor.

4. The Bengal Regulation Act of 1793:

This act for the first time provided for a regular legal profession for the company's court.
Under the regulation, only Hindu AND Muslims were entitled to be enrolled as pleaders.

5. Indian High Courts Act, 1861:

Under this act, The British Crown issued the Charter to establish one High Court in each
presidency town. The civil Courts were organized in provinces also subsequently.

6. Legal Practitioners Act, 1879:

It was enacted to consolidate and amend the law relating to legal practitioners. It
provided that an Advocate or vakil on the roll of any high Court can practice in all the
courts subordinate to the courts on the role of which he was entered. According to this
act, the High court was empowered to make rules consistent with the act as to
suspension and dismissal of pleaders and mukhtars. Pleaders and Mukhtars were the
Indian lawyers, but advocates were to be the barristers.
 7. Indian Bar Committee 1923:
It was constituted under the Chairmanship of Sir Edward Charminar. It was to consider
the issue of the organization of the bar on an Indian basis. The committee didn't favor
the establishment of the All-India Bar Council. It was of the view that a bar council
should be constituted for each High Court. The committee suggested that in all High
Court a single grade of the practitioner should be established, and they should be called
Advocates. Further suggested that the Bar committee should have the power to enquire
matters calling for the disciplinary action against a lawyer and High Court should be
given disciplinary power to punish the guilty.

8. Indian Bar Council Act, 1926:

To give effect to some of the recommendations of the Indian Bar Committee 1923, The
Indian Bar Council Act was enacted in 1926. The main purpose of the act was to provide
for the constitution and incorporation of the Bar Council for certain courts, to confirm
powers and impose duties on such councils and also to consolidate and amend the law
relating to legal practitioners of such courts. A provision was made in the act for the
establishment of the Bar council for every high court. Every Bar Council was to consist of
15 members. Four of such members were to be nominated by the concerned High Court
and 10 of them were to be elected by the Advocates of the High Court from amongst
themselves.

Legal Profession in India After Independence:

i. All India bar Committee, 1951:

All India Bar Committee was constituted under the chairmanship of Justice S.R. Das. The
committee in its report recommended the establishment of an All India Bar Council and
State bar Council. It recommended the powers of enrollment, suspension, or the
removal of advocates to the Bar Council. Further recommended that there should be no
further recruitment of non-graduated pleaders or Mukhtars.

ii. Advocates Act, 1961:

The central government enacted the Advocates Act in 1961. This act has been in force in
entire India. It brought revolutionary changes in the legal profession in India. It sets out
to achieve the utility and dignity of the profession of law on an All-India basis. The
preamble of the act says that the act amends as well as consolidates the law relating to
legal practitioners.
The following research paper aims at explaining the various provisions mentioned under
chapter 5 of the Advocates Act, 1961 which are related to misconduct. the research paper
elucidates the punishment stated law for lawyers who engage in misconduct and other
provisions like appeal in the supreme court, bar council of India and state bar council.

The states the relevance between the limitations act 193 and the Advocates act 1961. In
conclusion, the famous landmark case of NG Dastane v Srikant S. Shivde AIR 2001 SC 2018 is
elaborated in detail.

Introduction
Every country of the world requires certain systems that exclusively and solely work for the
purpose of that country's development on every front. Certain examples of these systems can
be political, social, or administrative, moreover, legal system also forms an integral part of the
list. A political system includes a structure of legislature that has the core purpose of
formulating laws, rules, and regulations for the smooth functioning of a country and for
maintaining equality and harmony among the people of the nation.

However, it is also obvious that in a geographical area occupied with so many people, there are
bound to be disputes, differences and the worst, crimes. Therefore, along with structures like
legislature, there is also a need of a properly laid down legal system. The legal system, also
known as the third pillar of a democracy, the judiciary, does not only have the work of
punishing people in case of crimes and disputes but it also plays a pivotal role in keeping the
whole system up to date by bringing necessary amendments in the already existing laws and
formulating such laws which are competent with the current societal conditions and needs.

The court of law is the first place that is approached by people of a country in case of any type
of dispute. Now, on an average, in a country like India, where hundreds and thousands of cases
are recorded on a daily or weekly basis, it is impossible for these many people to come to court
and represent themselves one by one. Therefore, for this purpose, people have the option of
hiring a lawyer. Lawyers are one of the most important part of a legal system performing the
most important duties and responsibilities.

Along with such important roles to play, they are also given their fair share of rights enlisted
under the advocates act, 1961 like the right to pre-audience (section 23), right to practice
(section 30) etc. However, rights are never exclusive, discretionary, or limitless and it is in the
best interest of the whole system for them to be like this.

A lawyer must conduct himself in such a way that his behavior does not deviate from a set code
of conduct of lawyers under the statutes. This is given in detail under chapter 5, section 35- 44
of the advocates act, 1961.

Right To Practice
Right to practice- the fist and the most basic right of a lawyer is laid under section 29 and 30 of
the advocates Act, 1961. the section speaks volumes about the basic criteria and eligibility to
become a lawyer as well as the exclusive right given to them. It states that only those people
who are enrolled as lawyers in a state roll shall be allowed to practice. Once a lawyer is enrolled
under the state roll then he/she shall have all the rights to practice in any part of the country
including all the courts, tribunals, or any other authority as far as the advocates act, 1961
applies to that area.

An Advocate's Obligations Towards The Court

In the most layman scenario, under an employee-employer relationship, the employer being
the highest authority requires respect, profits, new ideas etc. Such requirements can also be
considered as obligations, duties, or responsibilities of an employee towards the employer.
Similarly, in the legal field, lawyers have certain responsibilities towards the court of law, which
is their highest authority.

Some of these obligations are as follows:

1. The first and the most important duty of advocates towards the court is maintaining the
dignity and respect of the court and not conduct themselves in such a manner that it
jeopardizes its proper functioning. If the functioning of the court is jeopardized, then it
would cause a threat to the free and fair functioning of the democratic legal framework
of the country.

2. All advocates in India are prescribed a proper uniform exclusively for them. It is their
duty to always enter the court in that uniform and to wear the band and gown only in
the premises of the court and not outside it.

3. Justice and equality form the soul of not just the legal system but also the preamble of
the country. Therefore, in its best interest, an advocate who acts as a representative of
his/her client has the duty towards the whole legal system of not intentionally convict
an innocent person. It is one of the most important duties of an advocate towards the
court because if any innocent person is convicted and punished then it would lift the
faith of common people of the country from the judicial system and create fear which
would in turn stop them from voicing their opinions against the wrong.

Punishment For Misconduct- Section 35 Of Advocates Act,1961

Professional misconduct can be defined as such behavior by an employee which is unacceptable

and practically against the code of conduct of the organization that he is working with. In the
legal profession, the advocates act 1961 contains in chapter 5 under section 35, the punishment
to the lawyers for misconduct. Moreover, the section makes it clear that it not only deals with
professional misconduct but also other types of misconduct.

Other misconducts include those that may not be related to the legal profession. A lawyer
should conduct himself professionally so that the functioning of the court is smooth and, the
court's decorum and dignity is maintained. Section 49 of the Advocates act, 1961 gives the Bar
Council of India the power to formulate such standard of professional conduct as it may deem
fit.

Section 35 of the Advocates Act, 1961 explicates the punishment that an advocate shall be
given in case of professional or other type of misconduct. If an advocate is accused of
misconduct, then such information must be either provided to the State Bar Council (SBC) in
the form of a complaint by a person holding an interest or the SBC can also take up a matter of
such sort on its own i.e., Suo motu. However, even after the complaint is received by the
council, action shall be taken on it only if the state bar council has the reasons to believe that
the accused advocate is guilty for professional or any other type of misconduct.

The state bar council however, only because of presence of reasons to believe, cannot take any
action against the advocate. The state Bar council shall refer the case to a disciplinary
committee that will in turn dispose it off and bring a conclusion. An advocate accused of
professional or other misconduct has all the rights to defend himself before the committee, in
this way, the supremacy of justice and equality is maintained, and his basic rights are also
protected.

The disciplinary committee, to proceed with the case of misconduct filed or taken up Suo Motu
must first finalize a date of hearing, after which, a formalized notice is sent to the advocate
accused of misconduct and the advocate general of the state or the additional solicitor general
of India in case of a Union Territory. The advocate general is given the option of appearing
before the court either by himself or through a representative who shall also be an advocate.
This is an important step because it uplifts the core nature of Indian legal system that provides
all the people the right to be heard.

After hearing the part of the accused, the disciplinary committee can make the following
orders under sub section 3:

1. Dismissal
2. Reprimanding the advocate- which means reproving someone officially
3. Suspending the advocate- once an advocate is suspended by the order of the
disciplinary committee, he/she shall not practice legal profession anywhere in the
country, not in the court, for a person or any other authority.

4. Removing the name of the advocate from the state roll. This type of order from the
disciplinary committee is however rare and mostly not used.
Section 41 can be read along with section 35 as it provides for the alterations which
 shall take place in the roll of advocates. It states that the following alterations should
take place:
a. If an advocate is reprimanded or suspended as a punishment for misconduct,
then it should be specifically mentioned in the record in front of his name.
b. If, as a punishment for misconduct, an advocate is barred from practicing then
his name shall altogether be removed from the roll of advocates. Moreover, the
certificate of practice delivered to him under section 22 of the act shall also be
recalled.

Illustration- 'x' and 'y' are two advocates, plaintiff and defendant respectively handling a civil
case. 'y' after the hearing of the court was seen taking money outside the premises of the court.
The people giving money were x's clients. 'x', being an honest lawyer rendering his services for
the upliftment of the banner of justice, decided to complain to the state bar council. The
compliant could be filed because advocate 'y' held a clear interest in the case. Therefore, only
that person who holds an interest can complain formisconduct, otherwise the court can take up
a matter Suo- Motu.

The Disciplinary Committee Of The Bar Council Of India And Its Powers- Section 36

Section 35 exclusively deals with cases of misconduct taken up by the state bar council.
However, under section 36, another category of cases is stated. This section elucidates such
cases in which the advocate accused does not have his name enrolled in any state roll. The
procedure mentioned under section 35 shall apply to section 36 as well.

The only difference is that in section 35, the state bar council must have reasons to believe that
an advocate is guilty of misconduct and then refer the case to a disciplinary committee and
under section 36, the bar council of India must have reasons to believe the same. In both the
cases, compliant can be made Suo Motu. Another difference between the two is that under
section 35, the state bar council has the power to withdraw the enquiry of a pending case from
one disciplinary committee and prescribe it to another.

However, under section 36, the bar council of India has the power to withdraw any disciplinary
enquiry that is still pending before the state bar council's disciplinary committee and dispose it
off on its own. In section 35(2) talks about notifying the advocate general of India and under 36,
the same provision shall apply to Attorney General of India.

Even the orders that can be made by the state bar shall remain the same for bar council as well.
Furthermore, under section 44 of the act, the disciplinary committee of the bar council of India
has the right to review any order on its own or after receiving an application for the same.
However, for the committee to be able to exercise this power, has to have the permission of
the Bar council of India itself.

Section 36A:
Just after the procedure to be followed by the state bar council and the bar council of India is
stated under sections 35 and 36 of the advocates acts 1961, section 36A states that when both
the bars exercise their powers of either withdrawing and assigning another disciplinary
committee or when a committee is succeeded by a new committee then such a committee does
not have to begin the proceeding from the start and can carry it forward from the point where
it was left.

Section 36B (1) lays down that as soon as a compliant is received by the state bar council
against an advocate for misconduct, the disciplinary committee has the task of disposing off the
case and passing an order within one year from the date of receipt of the case or the beginning
of the proceedings. If the disciplinary committee fails to dispose off the case in the stipulated
amount of time, then the proceedings as per the provisions of this section shall pass to the bar
council of India and such proceedings shall be treated as the transferred proceedings under
clause 2 of section 36 of the advocates act, 1961.

Similarly, 36B (2) states that if there are any cases already existing and pending on the
commencement of the advocates amendment act of 1973 then such cases have to be disposed
off withing 6 months of commencement or 1 year from the date of receipt otherwise they shall
be transferred to the bar council of India for final disposal.

Case Law:
Suresh Shiva Rao v.N.D. Upadhyaya through secretary, bar council of Maharashtra (1998)
In this case, the disciplinary committee of the Bar Council of India passed an order against
Suresh Shiva Rao for misconduct on 27th June 1998. After the proceedings began, the
disciplinary committee began with its examination and investigation on the matter through
documents and witnesses. After the examination ended, all the evidence were against Suresh
and the committee held him guilty and as a part of punishment for misconduct, his license was
withdrawn for a period of 2 years. However, Suresh was unsatisfied by the order of the court
and by exercising the rights given to him under the Indian statutes, preferred an appeal against
the same. Thereafter, an order of stay was issued on this order of the committee.

On the other hand, while the case was still going on and according to the previous order on
which the stay had been put, Suresh's license was withdrawn, he continued to practice legal
profession by working with a company named m/s Vulcan level ltd. The type of employment he
was under was full time. Besides being employed with the company, he was also practicing in
the court of Maharashtra and Goa. As per the norms, the accused for misconduct should have
told about the company and the employment offered to the court of law but he failed to do so.

Consequently, Shri N.D. Upadhyaya made a complained to the Bar council of the state that he
was practicing in i.e., Bar council of Maharashtra but interpreting the text of section 36-B, the
bar council of India was unable to take any step because the proceedings has exceeded the
period prescribed which is 1 year. After the expiration period is over, the matter was
transferred to the Bar council of India.

Relation Between The Advocates Act, 1961and The Limitations Act, 1963
Section 37 and 38 of the Advocates act, 1961
The Indian judicial system under all its statutes analyses every situation and form such laws
which accelerate the process of justice and takes away the slightest chance of injustice. One
such way in which the judiciary uplifts justice is by the system of appeals. This provision is laid
down under section 37 of the advocates act also. Appeal is one of the biggest rights provided to
people of a country because it increases the accountability of the justice system towards the
people.

Moreover, it also keeps an open window for amends if the person punished is not convinced
with the decision of the court and wants the higher court to interfere and give the decision
again after considering all the facts of the case. Section 37 of the advocates act, 1961 lays down
the same thing and states that if an advocate is not satisfied by an order passed by the state bar
council's disciplinary committee or the Advocate General of the state, then he/she can appeal
the same to the bar council of India.

However, to exercise this right it is important to prefer an appeal withing 60 days from the pass
of the order by the disciplinary committee of the state bar council. After the appeal has been
made to the bar council of India, it shall be obliged to hear the appeal and pass such order
which is the most appropriate according to them and the order of the state bar council can also
be uplifted.

The most important question that arises after interpreting section 37 is, what provisions shall
apply if an advocate is not convinced with order passed by the Bar council of India's disciplinary
committee? To make the whole system more accountable and just for the people section 37 of
the advocates act, 1961 provides for the provision of appeal to the supreme court of India if an
advocate believes that he is aggrieved by the order passed by the bar council of India's
disciplinary council under section 36 and 37. The time limit to prefer an appeal is the same as
mentioned under section 37, i.e., withing 6 months from the date on which the order of the Bar
council of India was communicated to the parties.

Section 5 and 12 of the limitations Act, 1963

It is evident by various sections mentioned under various statutes of the Indian legal system
that the judiciary is not very rigid and provides correct amount of flexibility exactly where it is
needed. One such example is the 5th section of the limitations act, 1963. The court of law never
rules out the possibility of genuine causes that might lead to a delay in the filing or initiation of
proceedings.

Therefore, in this section it is provided that if any of the parties to the case had actual reasons
for not preferring an appeal or filing an application in the stipulated period and those reasons
can satisfy the court then there can be an extension to the limitation period prescribed in the
acts. However, it is also stated that if the cases belong the category of execution of a decree
after it has attained it's final judgement without any pending stay orders(order 21, CPC, 1908) ,
this section shall not apply.
Similarly, section 12 of the limitations act lays down such provisions which helps in the
interpretation f various statues. For example, it computes the limitation period for an appeal
and elucidates that such time that shall take place between the pronouncement of the
judgement and the court receiving the official decree against which the appeal has been raised
and the time taken by the court to interpret it shall be excluded from the limitation time.

Relevance between the two acts of 1961 and 1962- section 39 of the advocates act states that
for cases of appeal under section 37 and 38, the provisions given under section 5 and 12 of the
limitations act shall apply.

Order Of Stay

A stay order means a temporary stay on the judicial proceedings. Such a stay can only be put by
an official order of the court. However, if read along with the provisions of appeal mentioned
under section 37 and 38 of the advocatesact1961, it is stated under section 40 of the act that
even if an appeal has been preferred, it does not mean that the a stay has been put on the
previous order issued by the bar council of India or the Supreme court.

However, the Supreme court or the Bar council of India's disciplinary committee should by
themselves order a stay on their previous order even if theapplication for stay is made before
the expiration of the time allowed, till the time a new order is passed or the last one is uplifted.

Powers Of The Disciplinary Committee

The disciplinary committee is the only way by which an advocate can be punished for
misconduct. Apart from the provisions of appeal mentioned in various sections of chapter 5,
there are some powers exclusive to the disciplinary committee.

Section 42 of the act states that a disciplinary committee shall have the same rights as those
given to a civil court under the Code of Civil procedure and such rights, under section 42A also
apply to the Bar council of India.

These powers are as follows:

1. The committee can summon any person it sees as directly or indirectly connected to the
case or for any such reasons as it deems fit for examination and it can also issue
commissions for the purpose of such examinations of documents or witnesses.
2. The committee has the power to command for production of relevant documents
before it.
3. It has the power to receive evidence on affidavits
4. It has the power to demand for any public record from any court to dispose of the case.

However, there are two cases in which a disciplinary committee does not have discretionary
power of demanding presence of a person before it. first, if the committee wants the presence
of any presiding officer of a court, then it musttake permission from the high court in advance.
That officer shall not appear at the comfort of the committee. Second, if the committee wants
the presence of a revenue officer for any case of misconduct, then it shall summon him/her
only if the committee has a valid sanction or permission of the state government.

NG Dastane v/s Srikant S. Shivde Air 2001 SC 2018

This court is a landmark case because the court analyzed section 35 of the advocates act, 1961
and stated that the phrase used, 'reason to believe' is unnecessary and can act as a barrier
against the initiation of the proceedings because it is one of the procedural requirements.
Moreover, this phrase also violates rule 11 of the Bar council of India chapter-II.

The bench of judges included Honorable justice KT Thomas, honorable justice R.P. Sethi and
honorable justiceS.N. Phukan
Appellant- Advocate P.H. Parekh and advocate Amit Dhingra
Respondents- Advocate Shakil Ahmed Syed and senior advocate Vijay S. Kotwal

The case is related to the defendants knowingly, for the purpose of cross examining a witness,
repeatedly demanding adjournments. This repeated act of adjournments caused inconvenience
to the witness as most of his time got wasted in the court and he had to commute whenever he
must be examined on his own expense. It was further found out that the two advocates
continuously postponed the cross examination just to delay the process.

After suffering, the aggrieved witness decided to complain against the advocates for
misconduct and consequently moved to the state bar council which shut off his complaint on
the pretext that there was no strong case of misconduct against the lawyers. Similarly, thing
happened when he put a review mechanism to the bar council of India. Thereafter, seeking
justice, he filled a case in the apex court.

The appellant was an agricultural scientist working in the United Nations organizations and
while the case was going on, he had retired. He had filed a case against a person for the crime
of theft of electricity. The two advocates, Shri Shivdeand Kulkarni were from the side of the
accused and were jointly arguing in the court of law in his favor. Thereafter, the case had
officially begun in 1993 and the appellant was examined in chief.

The real problem of the appellant began when he started facing inconvenience because of the
advocates. He was called all the way from New York for cross examination on 30.07.1993 but
upon his coming, the two advocates decided to postpone the cross examination stating that all
the witnesses in the list were not present in the court and examination can only be dome once
all the witness are together in the court room. The date of cross examination was shifted to
23.08.1993.
However, on 23.08.1993 also the two advocates decided to postpone the cross examination
stating another reason that one of them had work outside the court which could not be
postponed and the other has to leave as his friend's father has died. The magistrate again
decided to postpone the date for cross examination. The new date set was 13.09.1993 but
following the previous pattern, the advocates again postponed the cross-examination date.

This time however, the other party raised an objection against the postponement, but the
magistrate again decided to assign a new date which was 16.10.1993 but again on the pretext
that one of the advocates were out of station, the date was postponed to 20.11.1993after
which yet again another date was given by the magistrate which was 4.12.1993.

On the prescribed date, the two advocates submitted a written statement to the court that one
of the advocates was severely affected by throat infection and could not carry forward the cross
examination as the doctor had advised him complete rest for at least 2 weeks. However, the
aggrieved witness decided to complain against the advocates when on the same date he found
the same advocate who according to the written statement was suffering from throat infection
arguing in another court room.

The aggrieved appellant filed a complaint to the state bar council and after that to the Bar
council of India but both of them did not take up the case stating that there is no misconduct,
but the appellant did not put down his arms and preferred an appeal to the Supreme Court of
India.

The court held that the two advocates were guilty of misconduct under section 35 of the
Advocates Act, 1961 and stated that if and whenever a witness is present in the court of law for
cross examination then such examination shall be conducted on that very day and cannot be
postponed without appropriate reasons because otherwise it can be misused and can cause
unnecessary plight for the witness and just a phrase used in the statue of advocates act 1961
(section 35), 'reason to believe' cannot act as a roadblock or barrier against notorious or
frivolous activities.
Rules Governing Advocates

chapter -I
Restrictions on Senior Advocates
(Rules under Sections 16 (3) and 49 (1) (g) of the Act)

Senior Advocates shall, in the matter of their practice of the profession of law mentioned in
Section 30 of the Act, be subject to the following restrictions:

(a) A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any
person or other authority mentioned in Section 30 of the Act.

Explanation : “To act” means to file an appearance or any pleading or application in any court
or Tribunal or before any person or other authority mentioned in Section 30 of the Act, or to do
any act other than pleading required or authorised by law to be done by a party in such Court
or Tribunal or before any person or other authorities mentioned in the said Section either in
person or by his recognised agent or by an advocate or an attorney on his behalf.

(b) (i) A Senior Advocate shall not appear without an Advocate on Record in the Supreme
Court or without an Advocate in Part II of the State Roll in any court or Tribunal or before any
person or other authorities mentioned in Section 30 of the Act.

(ii) Where a Senior Advocate has been engaged prior to the coming into force of the rules
in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is
engaged along with him. Provided that a Senior Advocate may continue to appear without an
advocate in Part II of the Sate Roll in cases in which he had been briefed to appear for the
prosecution or the defence in a criminal case, if he was so briefed before he is designated as a
senior advocate or before coming into operation of the rules in this Chapter as the case may be.

(c) He shall not accept instructions to draft pleading or affidavits, advice on evidence or to do
any drafting work of an analogous kind in any Court or Tribunal or before any person or other
authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind
whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in
consultation with an advocate in Part II of the State Roll.

(cc) A Senior Advocate shall, however, be free to make concessions or give undertaking in the
course of arguments on behalf of his clients on instructions from the junior advocate.

(d) He shall not accept directly from a client any brief or instructions to appear in any Court or
Tribunal or before any person or other authorities in India.

(e) A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has
been designated as a Senior Advocate advise on grounds of appeal in a Court of Appeal or in
the Supreme Court, except with an Advocate as aforesaid.

(f) A Senior Advocate may in recognition of the services rendered by an Advocate in Part-II of
the State Roll appearing in any matter pay him a fee which he considers reasonable.

Chapter - II
Standards of Professional Conduct and Etiquette
(Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)
Preamble

An advocate shall, at all times, comport himself in a manner befitting his status as an officer of
the Court, a privileged member of the community, and a gentleman, bearing in mind that what
may be lawful and moral for a person who is not a member of the Bar, or for a member of the
Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to
the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of
his client and in his conduct conform to the rules hereinafter mentioned both in letter and in
spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as
general guides; yet the specific mention thereof shall not be construed as a denial of the
existence of others equally imperative though not specifically mentioned.

Section I - Duty to the Court

1. An advocate shall, during the presentation of his case and while otherwise acting before
a court, conduct himself with dignity and self-respect. He shall not be servile and
whenever there is proper ground for serious complaint against a judicial officer, it shall
be his right and duty to submit his grievance to proper authorities.
2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind
that the dignity of the judicial office is essential for the survival of a free community.
3. An advocate shall not influence the decision of a court by any illegal or improper means.
Private communications with a judge relating to a pending case are forbidden.
4. An advocate shall use his best efforts to restrain and prevent his client from resorting to
sharp or unfair practices or from doing anything in relation to the court, opposing
counsel or parties which the advocates himself ought not to do. An advocate shall
refuse to represent the client who persists in such improper conduct. He shall not
consider himself a mere mouth-piece of the client, and shall exercise his own judgement
in the use of restrained language in correspondence, avoiding scurrilous attacks in
pleadings, and using intemperate language during arguments in court.
5. An advocate shall appear in court at all times only in the prescribed dress, and his
appearance shall always be presentable.
6. An advocate shall not enter appearance, act, plead or practise in any way before a court,
Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member
thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother,
nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law,
mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.
 *
For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which
above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer.
7. An advocate shall not wear bands or gown in public places other than in courts except
on such ceremonial occasions and at such places as the Bar Council of India or the court
may prescribe.
8. An advocate shall not appear in or before any court or tribunal or any other authority
for or against an organisation or an institution, society or corporation, if he is a member
of the Executive Committee of such organisation or institution or society or corporation.
“Executive Committee ”, by whatever name it may be called, shall include any
Committee or body of persons which, for the time being, is vested with the general
management of the affairs of the organisation or institution, society or corporation.

Provided that this rule shall not apply to such a member appearing as “amicus curiae” or
without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.
9. An Advocate should not act or plead in any matter in which he is himself pecuniarily
interested.

Illustration :

I. He should not act in a bankruptcy petition when he himself is also a creditor of the
bankrupt.
II. He should not accept a brief from a company of which he is a Director.
10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his client
required for the purpose of any legal proceedings.
Section II Duty to the Client
11. An advocate is bound to accept any brief in the Courts or Tribunals or before any other
authorities in or before which he proposes to practise at a fee consistent with his
standing at the Bar and the nature of the case. Special circumstances may justify his
refusal to accept a particular brief.
12. An advocate shall not ordinarily withdraw from engagements, once accepted, without
sufficient cause and unless reasonable and sufficient notices is given to the client. Upon
his withdrawal from a case, he shall refund such part of the fee as has not been earned.
13. An advocate should not accept a brief or appear in a case in which he has reason to
believe that he will be a witness, and if being engaged in a case, it becomes apparent
that he is a witness on a material question of fact, he should not continue to appear as
an Advocate if he can retire without jeopardising his client’s interests.
14. An advocate shall at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosure to his client relating to his connection
with the parties and any interest in or about the controversy as are likely to affect his
client’s judgement in either engaging him or continuing the engagement.
15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all
fair and honourable means without regard to any unpleasant consequences to himself
or any other. He shall defend a person accused of a crime regardless of his personal
 opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which
requires that no man should be convicted without adequate evidence.
16. An advocate appearing for the prosecution of a criminal trial shall so conduct the
prosecution that it does not lead to conviction of the innocent. The suppression of
material capable of establishment the innocence of the accused shall be scrupulously
avoided.
17. An advocate shall not, directly or indirectly, commit a breach of the obligations imposed
by Section 126 of the Indian Evidence Act.
18. An advocate shall not, at any time, be a party to fomenting of litigation.
19. An advocate shall not act on the instructions of any person other than his client or his
authorised agent.
20. An advocate shall not stipulate for a fee contingent on the results of litigation or agree
to share the proceeds thereof.
21. An advocate shall not buy or traffic in or stipulate for or agree to receive any share or
interest in any actionable claim. Nothing in this rule shall apply to stock, shares and
debentures of government securities, or to any instruments which are, for the time
being, by law or custom, negotiable or to any mercantile document of title to goods.
22. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name
or in any other name, for his own benefit or for the benefit of any other person, any
property sold in the execution of a decree or order in any suit, appeal or other
proceeding in which he was in any way professionally engaged. This prohibition,
however, does not prevent an advocate from bidding for or purchasing for his client any
property which his client may himself legally bid for or purchase, provided the Advocate
is expressly authorised in writing in this behalf.

22A. An advocate shall not directly or indirectly bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer either in his own name or in any other
name for his own benefit or for the benefit of any other person any property which is
subject matter of any suit appeal or other proceedings in which he is in any way
professionally engaged *
23. An advocate shall not adjust fee payable to him by his client against his own personal
liability to the client, which liability does not arise in the course of his employment as an
advocate.
24. An advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client.
25. An advocate should keep accounts of the client’s money entrusted to him, and the
accounts should show the amounts received from the client or on his behalf, the
expenses incurred for him and the debits made on account of fees with respective dates
and all other necessary particulars.
26. Where moneys are received from or on account of a client, the entries in the accounts
should contain a reference as to whether the amounts have been received for fees or
expenses and during the course of the proceeding, no advocates shall, except with the
consent in writing of the client concerned, be at liberty to divert any portion of the
expenses towards fees.
27. Where any amount is received or given to him on behalf of his client, the fact of such
receipt must be intimated to the client, as early as possible.
28. After the termination of the proceeding, the advocate shall be at liberty to appropriate
towards the settled fee due to him, any sum remaining unexpended out of the amount
paid or sent to him for expenses or any amount that has come into his hands in that
proceeding.
29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of
any moneys of the client remaining in his hands, at the termination of the proceeding
for which he had been engaged, the fee payable under the rules of the Court, in force
for the time being, or by then settled and the balance, if any, shall be refunded to the
client.
30. A copy of the client’s account shall be furnished to him on demand provided the
necessary copying charge is paid.
31. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
32. An advocate shall not lend money to his client for the purpose of any action or legal
proceedings in which he is engaged by such client.

Explanation. An advocate shall not be held guilty for a breach of this rule, if in the
course of a pending suit or proceeding, and without any arrangement with the client in
respect of the same, the advocate feels compelled by reason of the rule of the Court to
make a payment to the Court on account of the client for the progress of the suit or
proceeding.
33. An advocate who has, at any time, advised in connection with the institution of a suit,
appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear
or plead for the opposite party.

Section III - Duty to Opponent

34. An advocate shall not in any way communicate or negotiate upon the subject matter of
controversy with any party represented by an advocate except through that advocate.
35. An advocate shall do his best to carry out all legitimate promises made to the opposite
party even though not reduced to writing or enforceable under the rules of the Court.

Section IV - Duty to Colleagues

36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by
circulars, advertisements, touts, personal communications, interviews not warranted by
personal relations, furnishing or inspiring newspaper comments or producing his
photographs to be published in connection with cases in which he has been engaged or
concerned. His sign-board or name-plate should be of a reasonable size. The sign-board
or name-plate or stationery should not indicate that he is or has been President or
Member of a Bar Council or of any Association or that he has been associated with any
person or organisation or with any particular cause or matter or that he specialises in
any particular type of worker or that he has been a Judge or an Advocate General.
37. An advocate shall not permit his professional services or his name to be used in aid of,
or to make possible, the unauthorised practice of law by any law agency.
38. An advocate shall not accept a fee less than the fee taxable under rules when the client
is able to pay the same.
39. An advocate shall not enter appearance in any case in which there is already a vakalat or
memo of appearance filed by an advocate engaged for a party except with his consent;
in case such consent is not produced he shall apply to the Court stating reasons why the
said consent could not be produced and he shall appear only after obtaining the
permission of the Court 1

Section IV-A 2
40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar
Council a sum of Rs. 90/- every third year commencing from 1st April, 1993 along with a
statement of particulars as given in the form set out at the end of these Rules, the first
payment to be made on or before 1st April, 1993 or such extended time as notified by
the Bar Council of India or the concerned State Bar Council.

Provided further however that an advocate shall be at liberty to pay in lieu of the
payment of Rs. 90/- every three years a consolidated amount of Rs. 300/- . This will be a
life time payment to be kept in the fixed deposit by the concerned State Bar Council and
the Bar Council of India at the ratio of 80:20 as envisaged under Rule 41 and interest to
be used for the purpose of this rule. However, payment made by the concerned
Advocate before this consolidated payment shall be exclusive of it and no credit shall be
given for payment,. but those advocates who have paid consolidated amount of
Rs. 200/- only as a consolidated amount, Rs. 100/- will be required to pay.

“Out of life time payment, 80% of the amount will be retained by the State Bar Council
in a fixed deposit and remaining 20% has to be transferred to the Bar Council of India.
The Bar Council of India and State Bar Council have to keep the same in a fixed deposit
and the interest on the said deposits shall alone be utilised for the Welfare of the
Advocates.”

Explanation 1 : Statement of particulars as required by rule 40 in the form set out shall
require to be submitted only once in three years.

Explanation 2. All Advocates who are in actual practise and are not drawing salary or
not in full time service and not drawing salary from their respective employers are only
required to pay the amount referred to in this rule.

Explanation 3. This rule will be effective from 1-4-1994 and for period prior to this,
advocates will continue to be covered by old rule.
41. (1) All the sums so collected by the State Bar Council in accordance with Rule 40 shall be
credited in a separate fund known as “Bar Council of India Advocates Welfare Fund ”
and shall be deposited in the bank as provided hereunder.
 (2) The Bar Council of India Advocates Welfare Fund Committee for the state shall remit
20% of the total amount collected and credited to its account, to the Bar Council of India
by the end of every month which shall be credited by the Bar Council of India and Bar
Council of India shall deposit the said amount in separate fund to be known as “Bar
council of india advocates welfare fund.” This fund shall be managed by the Welfare
Committee of the Bar Council of India in the manner prescribed from time to time by
the Bar Council of India for the Welfare of Advocates.

(3) The rest 80% of the total sum so collected by the Bar Council of India Advocates
Welfare Fund Committee for the State under Rule 41 (1) shall be utilised for the welfare
of advocates in respect of Welfare Schemes sponsored by the respective State Bar
Councils and this fund shall be administered by the Advocates Welfare Committee for
the State which shall submit its report annually to the Bar Council of India.

(4) In case of transfer of an advocate from one State Bar Council to other state Bar
Council, 80% of the total sum collected so far in respect of that advocate by the Bar
Council of India Advocates Welfare Committee for the State under Rule 41 (1) where the
said Advocate was originally enrolled, would get transferred to the Advocates Welfare
Fund Committeed of the Bar Council of India for the State to which the said Advocate
has got himself transferred*.
42. If any advocate fails to pay the aforesaid sum within the prescribed time as provided
under rule 40, the Secretary of the State Bar Council shall issue to him a notice to show
cause within a month why his right to practice be not suspended. In case the advocate
pays the amount together with late fee of Rs. 5/- per month, or a part of a month
subject to a maximum of Rs. 30/- within the period specified in notice, the proceedings
shall be dropped. If the advocate does not pay the amount or fails to show sufficient
cause, a Committee of three members constituted by the State Bar Council in this behalf
may pass an order suspending the right of the advocate to practise.

Provided that the order of suspension shall cease to be in force when the advocate
concerned pays the amount along with a late fee of Rs. 50/- and obtain a certificate in
this behalf from the State Bar Council.
43. An Advocate who has been convicted of an offence mentioned under section 24A of the
Advocates Act or has been declared insolvent or has taken full time service or part time
service or engages in business or any avocation inconsistent with his practising as an
advocate or has incurred any disqualification mentioned in the advocates Act or the
rules made thereunder, shall send a declaration to that effect to the respective State Bar
Council in which the advocate is enrolled, within ninety days from the date of such
disqualification. If the advocate does not file the said declaration or fails to show
sufficient cause for not filing such declaration provided therefor, the Committee
constituted by the State Bar Council under rule 42 may pass orders suspending the right
of the advocate to practise.
 Provided that it shall be open to the committee to condone the delay on an application
being made in this behalf.

Provided further that an advocate who had after the date of his enrolment and before
the coming into force of this rule, become subject to any of the disqualifications
mentioned in this rule, shall within a period of ninety days of the coming into force of
this rule send declaration referred to in this rule to the respective State Bar Council in
which the Advocate is enrolled and on failure to do so by such advocate all the
provisions of this rule would apply.
44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate
within a period of thirty days from the date of the order passed under Rules 42 and 43.

44A. (1) There shall be a Bar Council of India Advocates Welfare Committee, consisting
of five members elected from amongst the members of the Council. The term of the
members of the committee shall be co-extensive with their term in Bar Council of India. *

(2) (i) Every State Council shall have an Advocates Welfare Committee known as Bar
Council of India Advocates Welfare Committee for the State.
(ii) The Committee shall consist of member Bar Council of India from the State
concerned who shall be the Ex-Officio Chairman of the Committee and two members
elected from amongst the members.
(iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secretary
of the Committee.
(iv) The term of the member, Bar Council of India in the Committee shall be co-
extensive with his term in the Bar Council of India.
(v) The term of the members elected from the State Bar Council shall be two years.
(vi) Two members of the Committee will form a quorum of any meeting of the
Committee.

(3) Every State Bar Council shall open an account in the name of the Bar Council of India
Welfare Committee for the State, in any nationalised Bank,

(4) No amount shall be withdrawn from the Bank unless that cheque is signed by the
Chairman of the Welfare Committee and its Secretary.

(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Council
of India through Advocates Welfare Committee as constituted under sub-clause (2) (i).
The State Bar Councils may suggest suitable modifications in the Welfare Schemes or
suggest more schemes, but such modifications or such suggested schemes shall have
effect only after approval by the Bar Council of India.

(6) The State Bar Council shall maintain separate account in respect of the Advocate
Welfare Fund which shall be audited annually along with other accounts of the State Bar
 Council and send the same along with Auditors Report to the Bar Council of India.

Provided that the Bar Council of India Advocates Welfare Fund Committee for the State
shall be competent to appoint its own staff in addition to the staff of the Bar Council of
the State entrusted with duty to maintain the account of the Fund if their funds are
adequate to make such appointment. The salary and other conditions of the said staff
be determined by the Bar Council of India Advocates Welfare Fund Committee for the
State.*

Provided further that Chairman of the Bar Council of India Advocates Welfare Fund
Committee for the State shall be competent to make temporary appointment for a
period not exceeding six months in one transaction if the situation so requires subject to
availability of fund in the said Committee for making such appointment.*

44B. The Bar Council of India shall utilise the funds received under Rule 41(2) in
accordance with the schemes which may be framed from time to time. *

Form under rule 40

Bar Council of ...........................................
................................................................

Dear Sirs,

(1) I am enclosing herewith a Postal order/Bank Draft/Cash for ........................... being the
payment under Rule 40. Chapter II, Part VI of the Rules of the Bar Council of India.

(2) I am enrolled as an Advocate on the Rolls of your State Bar Council.

(3) I am ordinarily practising at .................................................. in the territory/ State

of .......................................

(4) I am a member of the ......................................... Bar Association/not a member of any Bar

Association.

(5) My present address is ......................................................................

DATED SIGNATURE
PLACE NAME IN BLOCK LETTER
ENROLMENT NO...........

Received a sum of Rs. 30/-(Rs. 90/- Rs.300) Rs. 300/- from ............................ towards payment
under Rule 40, Chapter II, Part VI of the Rules of the Bar Council of India by way of Postal
Order/Bank Draft/Cash on ...............................
DATED: SECRETARY

PLACE: BAR COUNCIL OF ........

Scheme for Financial Assistance to state Bar Councils and individuals under Rule 44B of The
Bar Council of India Rules *

1. These rules shall be known as the Scheme for Financial Assistance to the State Bar
Councils under Rule 44B of the Bar Council of India Rules.
2. The Scheme shall come into force immediately.
3. These schemes shall be applicable to only such State Bar Councils which have remitted
the sum in accordance with the Rule 41 (2) of the Bar Council of India.
4. That on receiving information from the Chairman of the State Bar Council or Member,
Bar Council of India from that State, the Chairman, Bar Council of India on being
satisfied by such report may immediately sanction a reasonable amount not exceeding
Rs. 10,000/- in an individual case and Rs. 25,000/- in case of some calamity involving
more than one advocate and shall report to the Advocates Welfare Committee of the
Bar Council of India. The financial assistance to the State Bar Councils will be available in
any of the following cases : —

(a) The advocate or advocates have suffered seriously on account of some natural
calamity or ;

(b) the advocate or a advocates have died an unnatural death, due to an accident or
natural calamity or any other cause of like nature, or;

(c) the advocate or advocates have suffered or is suffering from such serious disease or
illness which is likely to cause death if no proper treatment is given and the advocate
requires financial assistance without which he would not be able to get proper
treatment and has no personal assets except a residential house to meet such
expenditures, or;

(d) the advocate or advocates become physically disabled or incapacitated to continue

his profession on account of natural calamity or accident or any other cause of like
nature.
5. That the amount sanctioned under rule 4 shall be placed at the disposal of the
Advocates Welfare Committee of the Bar Council of India for the State and the said
State Committee shall maintain separate account and send the same to the Bar Council
of India within three months from the date of the receipt thereof.
6. That the Advocates Welfare Committee of the bar Council of India on receiving such
applications duly recommended by the State Bar Councils, may sanction a sum provided
 in the different schemes prepared by the Bar Council of India.

Section V-Duty in imparting training

45. It is improper for an advocate to demand or accept fees or any premium from any
person as a consideration for imparting training in law under the rules prescribed by
State Bar Council to enable such person to qualify for enrolment under the Advocates
Act, 1961.

Section VI-Duty to Render Legal Aid

46. Every advocate shall in the practice of the profession of law bear in mind that any one
genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay
for it fully or adequately and that within the limits of an Advocate’s economic condition,
free legal assistance to the indigent and oppressed is one of the highest obligations an
advocate owes to society.

Section VII-Restriction on other Employments

47. An advocate shall not personally engage in any business; but he may be a sleeping
partner in a firm doing business provided that in the opinion of the appropriate State
Bar Council, the nature of the business is not inconsistent with the dignity of the
profession.
48. An advocate may be Director or Chairman of the Board of Directors of a company with
or without any ordinarily sitting fee, provided none of his duties are of an executive
character. An advocate shall not be a Managing Director or a Secretary of any company.
49. An advocate shall not be a full-time salaried employee of any person, government, firm,
corporation or concern, so long as he continues to practise, and shall, on taking up any
such employment, intimate the fact to the Bar Council on whose roll his name appears
and shall thereupon cease to practise as an advocate so long as he continues in such
employment.

Nothing in this rule shall apply to a Law Officer of the Central Government of a State or
of any Public Corporation or body constituted by statute who is entitled to be enrolled
under the rules of his State Bar Council made under Section 28 (2) (d) read with Section
24 (1) (e) of the Act despite his being a full time salaried employee.

Law Officer for the purpose of these Rules means a person who is so designated by the
terms of his appointment and who, by the said terms, is required to act and/or plead in
Courts on behalf of his employer.
50. An advocate who has inherited, or succeeded by survivorship to a family business may
continue it, but may not personally participate in the management thereof. He may
continue to hold a share with others in any business which has decended to him by
 survivorship or inheritance or by will, provided he does not personally participate in the
management thereof.
51. An advocate may review Parliamentary Bills for a remuneration, edit legal text books at
a salary, do press-vetting for newspapers, coach pupils for legal examination, set and
examine question papers; and subject to the rules against advertising and full-time
employment, engage in broadcasting, journalism, lecturing and teaching subjects, both
legal and non-legal.
52. Nothing in these rules shall prevent an advocate from accepting after obtaining the
consent of the State Bar Council, part-time employment provided that in the opinion of
the State Bar Council, the nature of the employment does not conflict with his
professional work and is not inconsistent with the dignity of the profession. This rule
shall be subject to such directives if any as may be issued by the Bar Council India from
time to time.

Chapter - III
(Conditions for right to practice)
(Rules under Section 49 (1) (ah) of the Act)

1. Every advocate shall be under an obligation to see that his name appears on the roll of
the State Council within whose jurisdiction he ordinarily practices.

Provided that if an advocate does not apply for transfer of his name to the roll of the
State Bar Council within whose jurisdiction he is ordinarily practising within six months
of the start of such practice, it shall be deemed that he is guilty of professional
misconduct within the meaning of section 35 of the Advocates Act.
2. An advocate shall not enter into a partnership or any other arrangement for sharing
remuneration with any person or legal practitioner who is not an advocate.
3. Every advocate shall keep informed the Bar Council on the roll of which his name stands,
of every change of his address.
4. The Council or a State Council can call upon an advocate to furnish the name of the
State Council on the roll of which his name is entered, and call for other particulars.
5. (1) An advocate who voluntarily suspends his practice for any reason whatsoever, shall
intimate by registered post to the State Bar Council on the rolls of which his name is
entered, of such suspensions together with his certificate of enrolment in original.

(2) Whenever any such advocate who has suspended his practice desires to resume his
practice, he shall apply to the Secretary of the State Bar Council for resumption of
practice, along with an affidavit stating whether he has incurred any of the
disqualifications under Section 24A, chapter III of the Act during the period of
suspension.

(3) The enrolment Committee of the State Bar Council may order the resumption of his
practice and return the certificate to him with necessary endorsement. If the Enrolment
Committee is of the view that the advocate has incurred any of the disqualifications, the
 Committee shall refer the matter under proviso to Section 26(1) of the Act.

(4) On suspension and resumption of practice the Secretary shall act in terms of Rule 24
of Part IX.

6. (1) An advocate whose name has been removed by order of the Supreme Court or a
High Court or the Bar Council as the case may be, shall not be entitled to practice the
profession of law either before the Court and authorities mentioned under Section 30 of
the Act, or in chambers or otherwise.

(2) An advocate who is under suspension, shall be under same disability during the
period of such suspension as an advocate whose name has been removed from the roll.

7. An officer after his retirement or otherwise ceasing to be in service shall not practice for
a period two years in the area in which he exercised jurisdiction for a period of 3 years
before his retirement or otherwise ceasing to be in service*.

Resolved that nothing in these Rules shall prevent any such person from practising in
any Court or tribunal or authority of superior jurisdiction to one in which he held office.

Explanation : ‘Officer’ shall include a Judicial Officer, Additional Judge of the High Court
and Presiding Officer or Member of the Tribunal or authority or such Officer or authority
as referred to in Section 30 of the Act.

‘Area’ shall mean area in which the person concerned exercising jurisdiction.

“7A. Any person applying for enrolment as an Advocate shall not be enrolled, if he is
dismissed, retrenched, compulsorily retired, removed or otherwise relived from
Government service or from the service under the control of the Hon’ble High Courts or
the Hon’ble Supreme Court on the charges or corruption or dishonesty unbecoming of
an employee and a person having such disqualification is permanently debarred from
enrolling himself as an advocate”.*

8. No advocate shall be entitled to practice if in the opinion of the Council he is suffering

from such contagious disease as makes the practice of law a hazard to the health of
others. This disqualification shall last for such period as the Council directs from time to
time

Chapter-IV
Form of dresses or robes to be worn by advocates
(Rules under Section 49 (I) (gg) of the Act)

Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or
Authorities shall wear the following as part of their dress which shall be sober and dignified.
1. Advocates
(a) A black buttoned up coat, chapkan, achkan, black sherwani and white bands with
Advocates’ Gowns.
(b) A black open breast coat. white shirt, white collar, stiff or soft, and white bands
with Advocates’ Gowns.

In either cases wear long trousers (white, black striped or grey), Dhoti excluding Jeans.

Provided further that in Courts other than the Supreme Court, High Courts, District
Courts, Sessions Courts or City Civil Courts, a black tie may be worn instead of bands.

2. Lady advocates
(a) A black full sleeve jacket or blouse, white collar stiff or soft, with white bands and
Advocates’ Gowns.
White blouse, with or without collar, with white bands and with a black open breasted
coat.

Or

Sarees or long skirts (white or black or any mellow or subdued colour without any print
or design) or flare (white, black or black striped or grey) or Punjabi dress churidar-kurta
or salawar-kurta with or without dupatta (white or black) or traditional dress with black
coat and bands.

3. Wearing of Advocates’ gowns shall be optional except when appearing in the Supreme
Court or in High Court.

4. Except in Supreme Court and High Courts during summer wearing of black Coat is not
mandatory.
Disciplinary proceedings and review

chapter-I
Complaints against Advocates and Procedure to be followed by Disciplinary Committees of
the State Bar Council and the Bar Council of India
(Rules under Section 49 (1) (f) of the Act)

A. Complaint and Enquiry under Section 35, 36 and 36B of the Act

1. (1) A complaint against an advocate shall be in the form of a petition duly signed and verified
as required under the Code of Civil Procedure. The complaint could be filed in English or in
Hindi or in regional language where the language has been declared to be a state language and
in case the complaint is in Hindi or in any other regional language, the State Bar Council shall
translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of
India under the Advocates Act.

Every complaint shall be accompanied by the fees as prescribed in the rules framed under
Section 49 (h) of the Act.

(2) The Secretary of the Bar Council may require the complainant to pay the prescribed fees if
not paid, to remove any defects and call for such particulars or copies of the complaint or other
documents as may be considered necessary.

(3) On a complaint being found to be in order, it shall be registered and placed before the Bar
Council for such order as it may deem fit to pass.

(4) No matter taken up by the State Bar Council suo motu or arising on a complaint made under
Section 35 of the Act shall be dropped solely by reason of its having been withdrawn, settled or
otherwise compromised, or that the complainant does not want proceed with the enquiry.

2. Before referring a complaint under section 35 (1) of the Act to one of its Disciplinary
Committees to be specified by it, the Bar Council may require a complainant to furnish within a
time to be fixed by it, further and better particulars and may also call for the comments from
the advocate complained against.

3. (1) After a complaint has been referred to a Disciplinary Committee by the Bar Council, the
Registrar shall expeditiously send a notice to the advocate concerned requiring him to show
cause within a specified date on the complaint made against him and to submit the statement
of defence, documents and affidavits in support of such defence and further informing him that
in case of his non-appearance on the date of hearing fixed, the matter shall be heard and
determined in his absence.

Explanation : Appearance includes, unless otherwise directed, appearance by an advocate or

through duly authorised representative.

(2) If the Disciplinary Committee requires or permits, a complainant may file a replication within
such time as may be fixed by the Committee.

4. The Chairman of the Disciplinary Committee shall fix the date, hour and place of the enquiry
which shall not ordinarily be later than thirty days from the receipt of the reference. The
Registrar shall give notice of such date, hour and place to the complaintant or other person
aggrieved, the advocate concerned and the Attorney General or the Additional Solicitor General
of India or the Advocate General as the case may be, and shall also serve on them copies of the
complaint and such other documents mentioned in Rule 24 of this Chapter as the Chairman of
the Committee may direct at least ten days before the date fixed for the enquiry.

5. (1) The notices referred to in this Chapter shall subject to necessary modification, be in Form
Nos. E-1 and E-2 be sent to the advocates appearing for the parties. Notice to a party not
appearing by the advocate shall be sent to the address as furnished in the complaint or in the
grounds of appeal. The cost of the notices shall be borne by the complainant unless the
Disciplinary Committee otherwise directs.*

(2) The notices may be sent ordinarily through messenger or by registered post
acknowledgement due and served on the advocate or the party concerned or his agent or other
person as provided for in Order V of the Civil Procedure Code.

(3) Notice may also, if so directed by the Committee be sent for service through any Civil Court
as provided for under Section 42 (3) of the Advocates Act.

(4) Where the notice sent to any party cannot be served as aforesaid it may be served by
affixing a copy thereof in some conspicuous place in the office of the Bar Council, and also upon
some conspicuous part of the house (if any) in which the party concerned is known to have last
resided or had his office, or in such other manner as the Committee thinks fit. Such service shall
be deemed to be sufficient service.

(5) Payment of bills and/or charges for summons to witness etc. shall be in accordance with the
rules under Section 49 (h) of the Act.

6. (1) The parties can appear in person or by an advocate who should file a vakalatnama giving
the name of the Bar Council in which he is enrolled, his residential address, telephone number
if any, and his address for service of notices. A Senior Advocate is entitled to appear with
another advocate who has filed a vakalatnama.

(2) The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an
advocate to appear as Amicus Curiae. Such advocate may be paid such fee as the Council or the
Committee may decide.

(3) Excepting when the Committee has otherwise directed, service on the advocate shall be
deemed to be sufficient service on the parties concerned, even if copies of the notices are in
addition sent to the parties, whether the parties have or have not been served.

(4) Unless otherwise indicated, where more than one Advocate appears for the same party, it is
sufficient to serve the notice on any of them.

7. (1) If in an enquiry on a complaint received, either the complainant or the respondent does
not appear before the Disciplinary Committee in spite of service of notice, the Committee may
proceed ex-parte or direct fresh notice to be served.

(2) Any such order for proceeding ex-parte may be set aside on sufficient cause being shown,
when an application is made supported by an affidavit, within 60 days of the passing of the ex-
parte order.

Explanation : The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule.

8. (1) The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor
General of India or the Advocate General, as the case may be or their advocate and parties or
their advocates, if they desire to be heard and determine the matter on documents and
affidavits unless it is of the opinion that it should be in the interest of justice to permit cross
examination of the deponents or to take oral evidence, in which case the procedure for the trial
of civil suits shall as far as possible be followed.

(2) On every document admitted in evidence, the following endorsement shall be made which
shall be signed by the Chairman or any member of the Committee :-

The Disciplinary Committee of Bar Council of ..................... Exhibit No .............................. Date

of Document.............................. Produced by ................................. Date .....................................
Signature of .................

(3) The exhibits shall be marked as follows :-

(a) Those of the complainant as C1,C2, etc.

(b) Those of Respondent as R1, R2,etc.
(c) Those of Disciplinary Committee as D1, D2, etc.

(4) The Disciplinary Committee may at any stage direct the parties or their advocates to furnish
such further and better particulars as it considers necessary.

9. (1) Evidence given before the Disciplinary Committee shall be recorded preferably in English
by any member of the Committee or any other person authorised by the Committee. The
evidence so recorded shall be signed by the Chairman or if the Chairman is not there when the
evidence is recorded by any member of the Committee.

(2) Whenever the record of a case decided by the State Bar Council or its Disciplinary
Committee in which evidence has been recorded in a language other than English is required to
be sent to the Bar Council of India or its Disciplinary Committee, a translation thereof in English
made by a person nominated by Committee or Registrar certifying the same to be true copy
shall also be sent.

10. (1) Every Disciplinary Committee shall make a record of its day to day proceedings.

(2) The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in
order of date, all relevant information concerning the date of filing, the date for hearing and
despatch and service of the notices on the parties or the Advocates or the Attorney General or
the Additional Solicitor General or the advocate General as the case may be, of statements or
petitions filed and/or of the order thereon and of other proceedings in the matter before the
Committee.

11 (1) If in any enquiry pending before the Disciplinary Committee, the complainant dies and
there is no representative who is willing to conduct the case on his behalf, the Disciplinary
Committee may, having regard to the allegations made in the complaint and the evidence
available, make a suitable order either to proceed with the enquiry or to drop it.

(2) (a) In the case of an enquiry against only one advocate, on his death the Disciplinary
Committee shall record the fact of such death and drop the proceedings.

(b) Where the enquiry is against more than one advocate, on the death of one of them, the
Disciplinary Committee may continue the enquiry against the other advocate unless it decides
otherwise.

(3) No Disciplinary enquiry shall be dropped solely by reason of its having been withdrawn,
settled or otherwise compromised, or that the complainant does not want to proceed with the
enquiry.

12. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of
the State Bar Council or Bar Council of India shall appear in court dress.

13. The Council may from time to time issue instructions on any of the matter provided for in
these rules.

14. (1) The finding of the majority of the members of the Disciplinary Committee shall be the
finding of the Committee. The reason given in support of the finding may be given in the form
of a judgement, and in the case a difference of opinion, any member dissenting shall be entitled
to record his dissent giving his own reason. It shall be competent for the Disciplinary Committee
to award such costs as it thinks fit.

(2) The Registrar of the Disciplinary Committee shall send free of charge to each of the parties
in the proceedings, a certified copy of the final order or judgement as set out in Rule 36 in this
Chapter.

(3) The date of an Order made by the Disciplinary Committee shall be the date on which the
said Order is first received in the office of the Bar Council after it has been signed by all the
members thereof. For the purpose of limitation the date of the Order shall be the date on
which the contents of the Order duly signed as aforesaid are communicated to the parties
affected thereby.

15. Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certified
copies of the records of a case pending before the Disciplinary Committee may be granted to
the parties or to their counsel on an application made in that behalf and on payment of the
prescribed fee.

16. (1) The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of
India quarterly statements of the complaints received and the stage of the proceedings before
the State Bar Council and Disciplinary Committees in such manner as may be specified from
time to time.

(2) The Secretary of the Bar Council of India may however call for such further statements and
particulars as he considers necessary.

17. (1) The Secretary of every State Bar Council shall furnish such particulars and send such
statements as may be considered necessary by the Secretary of the Bar Council of India for
purposes of Section 36B of the Act and send all the records of proceedings that stand
transferred under the said Section.

(2) The date of receipt of the complaint or the date of the initiation of the proceedings at the
instance of the State Bar Council shall be the date on which the State Bar Council refers the
case for disposal to its Disciplinary Committee under Section 35 (1).

(3) Whenever the records of proceedings are transferred under Section 36B of the Act to the
Council, the requirements in Rule 9 (2) of this Chapter shall be followed by the Disciplinary
Committee of the State Bar Council.

B. Withdrawal of Proceedings under Section 36 of the Act

18. (1) Where a State Bar Council makes a report referred to in Section 36 (2) of the Act, the
Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India all the
records of the proceedings along with the report.
(2) An application by a person interested in the withdrawal of a proceeding referred to in
Section 36 (2) of the Act shall be signed by him and it shall set out the necessary facts
supported by an affidavit and accompanied by the fee prescribed.

(3) For making an order on an application of a party or otherwise under Section 36 (2) of the
Act, the Disciplinary Committee of the Bar Council of India may :

(a) call for a report of the Disciplinary Committee seized of the proceedings;
(b) issue notice to the respondent;
(c) require the parties to file such statements as it considers necessary;
(d) call for the records of the proceedings; and
(e) examine any witnesses.

(4) In the proceedings before the Disciplinary Committee of Bar Council of the India under
Section 36, unless otherwise directed, the parties may appear in person or by advocate who
shall file a vakalatnama as provided for under Rule 6 (1) in this Chapter.

(5) On a consideration of the report of a State Bar Council or otherwise the Disciplinary
Committee of the Bar Council of India shall pass such orders as it considers proper.

C. Appeal to the Bar Council of India under Section 37 of the Act

19. (1) An appeal to the Council provided for under Section 37 of the Act, shall be in the form of
a memorandum in writing as set out in Rule 21 in this Chapter. If the appeal is in a language
other than English, it shall be accompanied by a translation thereof in English.

(2) In every appeal filed under Section 37 (1) of the Act, all persons who were parties to the
original proceedings shall alone be impleaded as parties.

(3) Save as otherwise directed by the Disciplinary Committee of the Council, in an appeal by the
advocate against an order under Section 35, in case of death of the complaintant the legal
representatives of the complainant shall be made parties.

20. (1) An appeal may be presented by the appellant or his advocate or by his recognised agent
in the office of the Bar Council of India or sent by registered post with acknowledgement due so
as to reach the Secretary, Bar Council of India on or before the last day of limitation.

(2) Any appeal may be admitted after the period of limitation if the appellant satisfies the
Disciplinary Committee that he has sufficient cause for not preferring the appeal within such
period. Any such application for condonation of delay shall be supported by an affidavit.

21. (1) The memorandum of appeal referred to in Rule 19 (1) of this Chapter shall contain
necessary particulars as in Form G. The memorandum of appeal shall state when the order was
communicated to the appellant and how it is in time.

(2) Along with the memorandum of appeal, the appellant shall file :

(a) either the authenticated or the certified copy of the order appealed against, signed by the
Registrar of the Disciplinary Committee, and

(b) five additional copies of the memorandum of appeal and of the order appealed against, if
there is only one Respondent; if there is more than one Respondent, such number of additional
copies as may be necessary. All copies shall be certified as true copies by the appellant or by his
counsel.

(3) Every memorandum of appeal shall be accompanied by the prescribed fees in cash. In case
the memo is sent by post, it shall be accompanied by the M.O. Receipt issued by the Post
Office.

(4) If the papers filed in an appeal are not in order, the Registrar shall require the appellant to
remove such defects within a specified time.

22. (1) Subject to the provisions contained in Rule 29 (2) in this chapter, the Chairman of the
Executive Committee or in his absence the Vice-Chairman of the Executive Committee or such
other member authorised in this behalf by the Council shall have the power to allocate matters
relating to the Disciplinary Committee, save when any such case has been allotted by the
Council to any particular Disciplinary Committee.*

(2) Any matter allotted to a particular Disciplinary Committee which has not been heard may be
reallocated to a different Disciplinary Committee.

(3) Notwithstanding the provisions of Rule 30 in this Part, the Chairman of any Disciplinary
Committee shall have powers to issue interim orders on urgent matters which may be placed
before him by the Registrar.

23. Subject to any resolution of the Bar Council of India in this behalf relating to the places of
hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and
place for the hearing of the appeal.

24. (1) The appellant shall be required to file six typed sets of the following papers properly
paged and indexed if there is only one Respondent and as many more sets as there may be
additional respondents for the use of the Disciplinary Committee and by the other parties and
for the record :-

(a) the complaint, statement in the defence of the advocate,

(b) the evidence oral and documentary and such other papers on which parties intend to rely.
(c) any other part of the record as may be directed by the Committee.
Where any of the above papers is in a language other than English, English translations thereof
shall be filed.

(2) The Respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any
part of the record on which he intends to rely. He shall also file English translations of such
papers as are not in English.

25. The Registrar shall give notices to the parties or their advocates or their recognised agents
informing them of the date, time and place of the hearing of the appeal.

A copy of the memorandum of appeal shall be sent to the respondent along with the notice of
the appeal.

26. (1) No appeal filed under Section 37 of the Act against an order of punishment of an
advocate shall be permitted to be withdrawn on account of settlement or compromise or
adjustment of the claim against the advocate.

(2) Every appeal filed under Section 37 of the Act by or against an advocate shall abate on the
death of the advocate so far as he is concerned.

27. In regard to appearance of a party in the appeal, Rule 6 of this chapter will apply.

28. (1) The Registrar shall issue notice to the State Council concerned for the complete records
to be sent to the Council.

(2) The Registrar of the State Council concerned shall send along with the records a list
containing particulars under the following columns and comply with such other directions as
may be issued.

Serial No. of Document Date of Document Description of Document Page No.

D. Application for Stay, and other matters

29. (1) An application for stay made under Section 40, sub-section (1) or (2) of the Act shall be
accompanied by an affidavit and the fees, if any prescribed by the rules of the Council made
under Section 49(1)(h) of the Act. Where the affidavit is not in English, a translation thereof in
English shall be filed. The applicant shall file with his application at least five copies of the
application, and the affidavit and as many additional copies thereof as there are respondents.
Where the application is not in English five copies with translation thereof in English shall also
be filed.

In every application for stay made to the Council, the applicant shall state if any application has
been made to the State Council and the orders thereon.

(2) Before a matter is allotted to a Disciplinary Committee under Rule 22 above, the registrar
may obtain orders on applications for interim stay or other urgent applications from the
Chairman of any of the Disciplinary Committees.

The orders passed under this sub-rule shall be communicated to the parties and to the
Secretary of the Bar Council concerned.

30. After allotment of a case under Rule 22 in this Chapter to a Disciplinary Committee, the
Registrar may obtain its orders on any matter of an emergent nature arising therein, by
circulation.

30A. The Disciplinary Committee of the Bar Council of India shall exercise all the powers
exercised by the Civil Court or Court of Appeal under C.P.C.*

31. The order of the Disciplinary Committee disposing of an appeal shall be communicated to
the parties. The date of an order made by the Disciplinary Committee shall be the date on
which the said order is first received in the office of the Council after it has been signed by all
the members thereof.

E. Rules applicable to all proceedings before the Disciplinary Committee of the State Bar
Councils and the Bar Council of India.

32. The Rules in this Chapter so far as may be, shall apply to all proceedings of the Disciplinary
Committee of State Bar Councils or of the Bar Council of India.

Proceedings to be in camera

33. All the proceedings before the Disciplinary Committee shall be held in camera.

Inspection of records and copies

34. (1) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof,
inspection of any of the records in any proceeding before the Disciplinary Committee may be
permitted to the parties or their advocates on presentation of an application duly signed by the
applicant or his advocate and on payment of the prescribed fee on any working day except
during the summer or other vacations of the Supreme Court.

(2) An application for inspection shall be made to the Registrar of the Disciplinary Committee.
The Registrar of the Disciplinary Committee may permit the inspection in his presence or in the
presence of any member of the staff authorised by him.

The person inspecting shall not be entitled to make copies of the record of which inspection is
granted. He shall, however, be permitted to make short notes in pencil.

(3) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certifited
copies of the records of a case pending before the Disciplinary Committee may be granted to
the parties or to their counsel on an application made in that behalf and on payment of the
prescribed fee.

(4) A copy of a final judgement in a decided case may be given to any person applying for the
same on payment of the prescribed fee therefor, provided however that the name of the
advocate against whom the proceedings were taken shall be omitted.

Order awarding Costs : Decretal Order

35. (1) All orders where costs are awarded in disciplinary proceedings shall specify the amount
of costs awarded and also state the party against whom the order is made and the time within
the amount is payable.

(2) As soon as possible after the order is made by the Disciplinary Committee, in respect of
every order where costs are awarded to any of the parties, a decretal order shall be drawn up
as in Form J- 1/J-2 at the end of this Chapter signed by the Secretary of the State Bar Council or
the Council as the case may be, as Registrar of the Disciplinary Committee and bearing the seal
of the State Bar Council or the Council as the case may be.

(3) The Decretal Order aforesaid shall be furnished to any party to the proceeding on
application made therefor, and on payment of the charges prescribed under the rules.

Copies of Final Orders

36. The Secretary of the State Bar Council or the Bar Council of India as the case may be, shall
send to each of the parties in the proceedings, a certified copy of the final order made under
Sections 35, 36, 36B or 37, signed by him as Registrar of the Disciplinary Committee and bearing
the seal of the State Bar Council/Bar Council of India as the case may be. No charges shall be
payable on the copies so sent. Charges as prescribed under the rules shall however be payable
for all additional copies of the said order applied for.
Contempt of Court definition

“The term ‘Contempt of Court’ is a generic term descriptive of conduct in relation to particular
proceedings in a court of law which tends to undermine that system or to inhibit citizens from
availing themselves of it for the settlement of their disputes.”This definition is given by Lord
Diplock when he was giving the judgment in the case of Attorney-General v. Times Newspapers
Ltd. [1]

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

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

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

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

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

Article 129

Article 129 says that the Supreme Court shall be the ‘Court of Record’ and it has all the powers
of such courts including the power to punish for contempt of itself.

Now, we should know about the meaning of ‘Court of Record’ to understand why anything
commented wrongly against the decision of the courts leads to Contempt of Court.

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

Article 142(2)

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

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

Origin of Contempt of Court

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

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

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

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

Contempts of Courts Act 1971 notes

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

Essentials of Contempt of Court

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

1. Disobedience to any type of court proceedings, its orders, judgment, decree, etc should
be done ‘willfully’ in case of Civil Contempt.
2. In Criminal Contempt ‘publication’ is the most important thing and this publication can
be either spoken or written, or by words, or by signs, or by visible representation.
3. The court should make a ‘valid order’ and this order should be in ‘knowledge’ of the
respondent.
4. The action of contemnor should be deliberate and also it should be clearly disregard of
the court’s order.

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

Types of Contempt of Court in India

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

1. Civil Contempt
 2. Criminal Contempt

Civil Contempt

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

There is a case on the willful disobedience of the court order which a person should know.

Utpal Kumar Das v. Court of the Munsiff, Kamrup [3]

This is the case of non-rendering of assistance, although the court has ordered to render
assistance. Decree executed by the court to deliver immovable property but because of certain
obstruction, the defendant failed to do so. Hence, he was held liable for constituting
disobedience to the orders of the competent Civil Court.

Another case is on the breach of an undertaking which leads to Contempt of Court.

U.P. Resi. Emp. Co-op., House B. Society v. New Okhla Industrial Development Authority [4]

In this case, the Supreme Court has directed the Noida Authorities to verify and state on the
affidavit details given by persons for allotment of plots. In pursuance to the same direction by
the Supreme Court a person Mr. S filed a false affidavit to mislead the court. The Registry
directed a show-cause notice against him to say that why an act of contempt should not be
taken against him for misleading the Supreme Court.

Defences to Civil Contempt

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

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

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

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

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

 Command of the order is impossible: If compliance of the order is impossible or it can

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

Criminal Contempt

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

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

court, or
2. b) Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
3. c) obstructs or tends to obstruct, interfere or tend to interfere with the administration of
justice in any manner.

Case on Scandalizing the Court:

Jaswant Singh v. Virender Singh [6]

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

Punishment for Contempt of Court

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

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

Remedies against an order of Punishment

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

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

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

Contempt Proceedings

Two Sections of the Contempt of Court Act, 1971 deals with the procedure of Contempt
proceeding. One talks about the proceeding in the face of the court of records and other talks
about the proceedings other than the court of records.
Section 14 of the Contempt of Court deals with the procedure of contempt proceeding in the
face of the court of record whereas Section 15 of this Act deals with the procedure of the
contempt proceeding outside the court of records.

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

Contempt committed outside the court

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

1. On the motion of court of records.

2. On the motion of the Advocate General of the Supreme Court and the High Court.
3. If any person proceeds the motion with the consent of the Advocate General in writing.
4. If the law officer who is related to the High Court for the Union Territory of Delhi as the
Central Government notify proceeds the motion. Then it can be considered as contempt
committed outside the court.

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

Contempt by a Company

In case any person is found guilty of contempt of court for any undertaking given to a court
while he is a member of the company. Then the person who at that time was in charge of that
company will be responsible for the conduct of the business of that company and shall be
deemed to be guilty of the contempt. The punishment may be enforced by the detention in the
civil prison of such person with the leave of the court
However, that person can be free from liability if such person proves that the contempt was
committed without his knowledge or that he exercised all possible means to prevent its
commission.

Liability of officer of the company

If the contempt of court has been committed by a company and it is provided that the
contempt has been committed with the consent of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officers of the company, then such persons shall
also be deemed to be guilty of the contempt and the punishment will be enforced against them
by the detention in civil prison of such director, manager, secretary or other officer with the
leave of the court.

Contempt by the third party to the proceeding

If a third party has a part to play in the offence then the third party to the offence may be guilty
of contempt of court and proceeding can initiate against him. In LED Builders Pty Ltd v Eagles
Homes Pty Ltd [7] Lindgren J stated:

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

In another case of M/S. Gatraj Jain & Sons v. Janakiraman [8] it has been stated about the third
party to the proceeding that if a third party to the contempt petition found to be wilfully
disobeying the court order then he cannot prevent the court from restoring the status quo.

Criminal contempt and criminal defamation proceedings

A question has been asked by the person that can an action for criminal contempt and criminal
defamation initiated simultaneously. This can be understood by knowing the concept of
Criminal contempt and criminal defamation. Earlier, in this article, we have talked about
Criminal Contempt. But for an overview, we should know what does a criminal contempt mean.
According to Section 2(c) of the Contempt of Court Act, 1971, criminal contempt is defined as (i)
the publication of any matter by words, spoken or written, or by gestures, or by signs, or by
visible representation or (ii) doing of any act which includes:

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

court, or
2. b) Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
3. c) obstructs or tends to obstruct, interfere or tend to interfere with the administration of
justice in any manner.
Now, we will know the concept of criminal defamation.

The definition of criminal defamation has been given under Section 499 of the Indian Penal
Code, 1860. It states about defamation that “Whoever, by words either spoken or intended to
be read, or by signs or by visible representations, makes or publishes any imputation concerning
any person intending to harm, or knowing or having reason to believe that such imputation will
harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame
that person.”

There are certain exceptions of criminal defamation and these are:

1. If the publication of anything is in truth and for public good then it cannot be treated as
defamation.
2. When a person touches any public questions then for that he cannot be liable.
3. If the publication is of the reports of the proceedings of the court.

As the right to reputation is an important facet of the right to life and personal liberty
guaranteed under Article 21 of the Indian Constitution, hence, the aim of the criminal
defamation is to prevent a person from maligning harming the reputation of others by using
absurd or malign words with malafide intentions.

In the case of Dr. Subramanian Swamy vs. Union of India (UOI), Ministry of Law and Ors. [9] the
constitutional validity of the criminal defamation was upheld.

Limitation

Section 20 of the Contempt of Court Act, 1971 deals with the limitation for the action of
Contempt. It states that no court shall initiate any proceedings of contempt in two conditions:

1. Either the proceedings are on his own motion, or,

2. After the period of one year from the date on which the contempt is alleged to have
been committed.

Landmark Contempt Judgments

 Supreme Court Bar Association vs Union Of India & Anr [10]

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

 Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors[11]

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

 Sudhakar Prasad vs. Govt. of A.P. and Ors.[12]

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

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

Famous cases of contempt

 P.N. Duda vs V. P. Shiv Shankar & Others[13]

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

 R. Rajagopal vs State Of T.N[14]

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

 In Re: Arundhati Roy [15]

In this case, the Supreme Court observed that the fair criticism on the conduct of a Judge or the
institution of Judiciary and its function may not amount to contempt if it is made in good faith
and in the public interest.

 Indirect Tax practitioners’ Association v. R.K. Jain[16]

In this case, the Supreme court observed that the defence of truth can be permitted to the
person accused of contempt if the two conditions are satisfied. These are: (i) if it is in the
interest of public and (ii) the request for invoking the said defence is bonafide. These are given
in Section 13 of the Contempt of Court Act, 1971.
1. Smt Siya Bai Vs Sitaram Singh – BCI Tr Case No 8/1987

SIYA BAI Vs SITA RAM [BCI Tr. Case no. 8/1987]

Brief Facts

In this case the complaint was filed before the Disciplinary committee of the bar council of M.P
by the complainant against the Respondent-advocate for his professional misconduct alleging
that the respondent was engaged for filing money suit against 13 persons and the decree was
passed. she further alleges that the respondent withdrew the amount from court which were
deposited in suits and it was not paid to her nor any accounts were furnished.

Issues:
1. Whether the respondent advocate has committed any professional misconduct

2. If it is true, what is the relief?

Findings:
The respondent/Advocate contended that he had not withdrawn the amount from C.C.D and in
reply affidavit he also alleges that whenever the amount was withdrawn from the C.C.D infront
of the complainant was taken by her in the presence of her husband and others from his office.

He also contends that the amounts withdrawn by him had been adjusted with the consent of
complainant towards the court fee and other expenses.

The matter was transferred to BCI U/s 36-B

Disciplinary committee of BCI:

The disciplinary committee of BCI after ascertaining the facts opined that the plea of
respondent/advocate that the amount withdrawn by him had been adjusted with the consent
of complainant towards the court fee and other expenses was found not true and not accepted
and it found guilty of professional misconduct for illegally retaining the amount and awarded
the punishment. therefore, ordered the advocate to refund the amount of Rs.2000/- with
interest at 10% per annum with costs of Rs.5000/- payable within two months and suspended
him for a period of one year. In case of his failure to comply with the above order, he has to
undergo an additional suspension period of six months.
S.K. NAGAR v. V.P. JAIN (D.C. Appeal No. 14/1997)

This is an appeal to the BCI against the decision of the Bar Council of Rajasthan. The
complainant had alleged that he had engaged Shri S.K.Nagar, an advocate to file a complaint
against certain persons for restoration of possession of the room and articles lying therein. They
were in occupation of the room as tenants in the house of the complainant situated at Jawahar
Nagar.

Requisite fees were paid to the respondent who gave the complainant assurance that the case
was being processed and the aforesaid persons had expressed their willingness to hand over
the possession of the house and needed some time for it that nothing emerged and the
respondent informed him that the said persons had not appeared in the Court and had not
delivered vacant possession ordered by the Court.

He further informed the complainant that a warrant of arrest has been issued by the Court and
he charged Rs 500 for the expenses. The respondent told the complainant that a warrant of
attachment had been ordered by the Court against the aforesaid persons and got 1000 rupees
from the complainant for depositing in Court for issue of warrant. The respondent also
informed him of the date of hearing.

HELD: The respondent advocate, thus gave false information and prepared false and fabricated
documents to convince client about pendency of case while no case was filed in the Court. He
was thus held guilty of professional misconduct. The Disciplinary Committee of the Bar Council
of Rajasthan imposed a punishment of two years of suspension from practice. The Disciplinary
Committee of BCI in appeal, enhanced the punishment.