Rayat Shikshan Sanstha’s

Ismailsaheb Mulla Law College,

Satara

Presentation On

Professional EthicsBy

Asst. Prof. Desai Y.N.

Features of Advocates Act 1961

Autonomous Bodies

Bar Council Of India

State Bar Councils

Persons who may be admitted as an advocates

Senior Advocate and other advocates

Common roll and State Roll of Advocates

Standards of professional conduct and etiquette

Legal education

Right to practice

Autonomous Bodies

Bar Council to be body corporate.

Every Bar Council shall be a body

corporate having perpetual

succession and a common seal, with

power to acquire and hold property,

both moveable and immovable, and to

contract, and may by the name by which

it is known sue and be sued.

Bar Council of India

India.—(1) There shall be a Bar Council for the

territories to which this Act extends to be

known as the Bar Council of India which shall

consist of the following members, namely:—

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

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

(c) one member elected by each State

Bar Council from amongst its members.

There shall be a Chairman and a Vice-

Chairman of the Bar Council of India

Term of office

(i) in the case of a member of a State Bar

Council who holds office ex-officio, be two

years from the date of his election or till

he ceases to be a member of the State Bar

Council, whichever is earlier and

(ii) in any other case, be for the period

for which he holds office as a member

of the State Bar Council: Provided that

every such member shall continue to hold

office as a member of the Bar Council

Functions of Bar Council of India

7- The functions of the Bar Council of India shall be—

(b) to lay down standards of professional conduct and etiquette for advocates;

(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary

committee of each State Bar Council;

(d) to safeguard the rights, privileges and interests of advocates;

(e) to promote and support law reform;

(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar

Council;

(g) to exercise general supervision and control over State Bar Councils;

(h) to promote legal education and to lay down standards of such education in consultation with the

Universities in India imparting such education and the State Bar Councils;

(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an

advocate and for that purpose to visit and inspect Universities

(ia) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and

papers of legal interest;

(ib) to organise legal aid to the poor in the prescribed manner;

(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the

purpose of admission as an advocate under this Act;

(j) to manage and invest the funds of the Bar Council;

(k) to provide for the election of its members;

(l) to perform all other functions conferred on it by or under this Act.

(m) to do all other things necessary for discharging the aforesaid functions;

Committees of BCI 9. Disciplinary Committees.— A Bar Council shall constitute one or more disciplinary committees,

each of which shall consist of three persons of whom two shall be persons elected by the

Council from amongst its members and the other shall be a person co-opted by the

Council from amongst advocates who possess the qualifications specified in the proviso to

sub-section (2) of section 3 and who are not members of the Council, and the senior-most advocate

amongst the members of a disciplinary committee shall be the Chairman thereof.

9A. Constitution of legal aid Committees.— A Bar Council may constitute one or more legal aid

committees each of which shall consist of such number of members, not exceeding nine but not

less then five, as may be prescribed.

10. Constitution of committees other than disciplinary committees.—

(1) A State Bar Council shall constitute the following standing committees, namely:—

(a) an executive committee consisting of five members elected by the Council from amongst its

members;

(b) an enrolment committee consisting of three members elected by the Council from amongst

its members.

(2) The Bar Council of India shall constitute the following standing committees, namely:—

(a) an executive committee consisting of nine members elected by the Council from amongst its

members;

(b) a legal education committee consisting of ten members, of whom five shall be persons

elected by the Council from amongst its members and five shall be persons co-opted by the

Council who are not members thereof.

(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such

other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.

10B. Disqualification of members of Bar Council. —An elected member of a Bar

Council shall be deemed to have vacated his office if he is declared by the Bar Council

of which he is a member to have been absent without sufficient excuse from

three consecutive meetings of such Council, or if his name is, for any cause,

removed from the roll of advocates or if he is otherwise disqualified under any

rule made by the Bar Council of India.

11. Staff of Bar Council.—(1) Every Bar Council shall appoint a Secretary and may

appoint an accountant and such number of other persons on its staff as it may

deem necessary. (2) The Secretary and the accountant, if any, shall possess such

qualification as may be prescribed.

12. Accounts and audit.—(1) Every Bar Council shall cause to be maintained such

books of accounts and other books in such form and in such manner as may be

prescribed.

(2) The accounts of a Bar Council shall be audited by auditors duly qualified to

act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times

and in such manner as may be prescribed.

(3) As soon as may be practicable at the end of each financial year, but not later than

the 31st day of December of the year next following, a State Bar Council shall send a

copy of its accounts together with a copy of the report of the auditors

thereon to the Bar Council of India and shall cause the same to be published i

(4) As soon as may be practicable at the end of each financial year, but not later than

the 31st day of December of the year next following, the Bar Council of India shall

send a copy of its accounts together with a copy of the report of the

auditors thereon to the Central Government and shall cause the same to be

published in the Gazette of India.

State Bar Councils Councils.—(1)There shall be a Bar Council—

(a) for each of States of Andhra Pradesh, Bihar, Gujarat, 1[Jammu and Kashmir],

2[Jharkhand] 3[Madhya Pradesh, Chhattisgarh], [Karnataka], Orissa, Rajasthan

[Uttar Pradesh and Uttaranchal], to be known as the Bar Council of that State;

(b) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and

Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur,

Tripura, Mizoram and Arunachal Pradesh;]

(c) for the State of Kerala and 9[the Union territory of Lakshadweep], to be known as the Bar

Council of Kerala;

(cc) for the [State of Tamil Nadu] and the Union territory of Pondicherry to be known as the

Bar Council of Madras∗;]

(ccc) for the States of Maharashtra and Goa, and the Union territories of Dadra and Nagar

Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;

(d) for the States of Punjab and Haryana, and the Union territory of Chandigarh, to be known as

the Bar Council of Punjab and Haryana;

(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal

Pradesh;]

(e) for the State of West Bengal and the 2[Union territory of Andaman and Nicobar Islands], to

be known as the Bar Council of West Bengal; and

(f) for the Union territory of Delhi, to be known as the Bar Council of Delhi.

Constitution of SBC

A State Bar Council shall consist of the following members, namely:—

1). (a)Additional Solicitor General of India ex officio; or

(b)Advocate-General of the State, ex officio;

2) in the case of a State Bar Council with an

electorate not exceeding five thousand, fifteen members,

electorate exceeding five thousand but not exceeding ten thousand,

twenty members, and

electorate exceeding ten thousand, twenty-five members,

elected in accordance with the system of proportional representation by

means of the single transferable vote from amongst advocates on the electoral

roll of the State Bar Council:

Provided that as nearly as possible one-half of such elected members shall subject

to any rules that may be made in this behalf by the Bar Council of India, be persons

who have for at least ten years been advocates on a State roll, and in computing the

said period of ten years in relation to any such person, there shall be included any

period during which the person has been an advocate enrolled under the Indian Bar

Councils Act, 1926

There shall be a Chairman and a Vice-

Chairman of each State Bar Council

elected by the Council in such manner as

may be prescribed.

Term of office of Members of State

Bar Council—The term of office of an

elected member of a State Bar Council

shall be five years from the date of

publication of the result of his election

Functions of State Bar CouncilsThe functions of a State Bar Council shall be—

(a) to admit persons as advocates on its roll;

(b) to prepare and maintain such roll;

(c) to entertain and determine cases of misconduct against advocateson its roll;

(d) to safeguard the rights, privileges and interests of advocates on itsroll;

(dd) to promote the growth of Bar Associations for the purposes ofeffective implementation of the welfare schemes referred to in clause (a) ofsub-section (2) of this section clause (a) of sub-section (2) of section 7;

(e) to promote and support law reform;

(ee) to conduct seminars and organise talks on legal topics by eminentjurists and publish journals and paper of legal interest;

(eee) to organise legal aid to the poor in the prescribed manner;

(f) to manage and invest the funds of the Bar Council;

(g) to provide for the election of its members;

(gg) to visit and inspect Universities in accordance with the directionsgiven under clause (i) of sub-section (1) of section 7;

(h) to perform all other functions conferred on it by or under this Act;

(i) to do all other things necessary for discharging the aforesaidfunctions.

Committees of SBC 9. Disciplinary Committees.— A Bar Council shall constitute one or more disciplinary committees,

each of which shall consist of three persons of whom two shall be persons elected by the

Council from amongst its members and the other shall be a person co-opted by the

Council from amongst advocates who possess the qualifications specified in the proviso to

sub-section (2) of section 3 and who are not members of the Council, and the senior-most advocate

amongst the members of a disciplinary committee shall be the Chairman thereof.

9A. Constitution of legal aid Committees.— A Bar Council may constitute one or more legal aid

committees each of which shall consist of such number of members, not exceeding nine but not

less then five, as may be prescribed.

10. Constitution of committees other than disciplinary committees.—

(1) A State Bar Council shall constitute the following standing committees, namely:—

(a) an executive committee consisting of five members elected by the Council from amongst its

members;

(b) an enrolment committee consisting of three members elected by the Council from amongst

its members.

(2) The Bar Council of India shall constitute the following standing committees, namely:—

(a) an executive committee consisting of nine members elected by the Council from amongst its

members;

(b) a legal education committee consisting of ten members, of whom five shall be persons

elected by the Council from amongst its members and five shall be persons co-opted by the

Council who are not members thereof.

(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such

other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.

9. Disciplinary Committees.— A Bar Council shall constitute one or more disciplinary

committees, each of which shall consist of three persons of whom two shall be persons

elected by the Council from amongst its members and the other shall be a person

co-opted by the Council from amongst advocates who possess the qualifications

specified in the proviso to sub-section (2) of section 3 and who are not members of the

Council, and the senior-most advocate amongst the members of a disciplinary

committee shall be the Chairman thereof.

9A. Constitution of legal aid Committees.— A Bar Council may constitute one or

more legal aid committees each of which shall consist of such number of members, not

exceeding nine but not less then five, as may be prescribed.

10. Constitution of committees other than disciplinary committees.—

(1) A State Bar Council shall constitute the following standing committees, namely:—

(a) an executive committee consisting of five members elected by the Council from

amongst its members;

(b) an enrolment committee consisting of three members elected by the Council from

amongst its members.

(2) The Bar Council of India shall constitute the following standing committees, namely:—

(a) an executive committee consisting of nine members elected by the Council from

amongst its members;

(b) a legal education committee consisting of ten members, of whom five shall be

persons elected by the Council from amongst its members and five shall be persons

co-opted by the Council who are not members thereof.

(3) A State Bar Council and the Bar Council of India may constitute from amongst its

members such other committees as it may deem necessary for the purpose of carrying out

the provisions of this Act.

Senior Advocate and other advocates

There shall be two classes of advocates, namely,

senior advocates and other advocates.

An advocate may, with his consent, be

designated as senior advocate if the Supreme

Court or a High Court is of opinion that by

virtue of his ability standing at the Bar or

special knowledge or experience in law he is

deserving of such distinction.

Senior advocates shall, in the matter of their

practice, be subject to such restrictions as the Bar

Council of India may, in the interest of the legal

profession, prescribe.

Persons who may be admitted as advocates

on a State roll he is a citizen of India

he has completed the age of twenty-one years;

he has obtained a degree in law from any University in

India which is recognized for the purposes of this Act by

the Bar Council of India

in any other case, from any University outside the

territory of India, if the degree is recognized for the

purposes of this Act by the Bar Council of India

he fulfils such other conditions as may be specified in

the rules made by the State Bar Council under this

Chapter

he has paid, in respect of the enrolment, stamp duty, if

any, chargeable under the Indian Stamp Act, and an

enrolment fee payable to the State Bar Council

Disqualification for enrolment

24A..—(1) No person shall be admitted as anadvocate on a State roll—

(a) if he is convicted of an offence involvingmoral turpitude;

(b) if he is convicted of an offence under theprovisions of the Untouchability (Offences)Act, 1955 (22 of 1955);

(c) if he is dismissed or removed fromemployment or office under the State on anycharge involving moral turpitude.

Provided that the disqualification for enrolment asaforesaid shall cease to have effect after a periodof two years has elapsed since his release ordismissal or, as the case may be, removal

RIGHT TO PRACTICE 29. Advocates to be the only recognised class of persons entitled to practise law.—

Subject to the provisions of this Act and any rules made there under, there shall, as from the

appointed day, be only one class of persons entitled to practise the profession of law,

namely, advocates.

30. Right of advocates to practise.—Subject to provisions of this Act, every advocate whose

name is entered in the 1[State roll] shall be entitled as of right to practise throughout the

territories to which this Act extends,—

(i) in all courts including the Supreme Court;

(ii) before any tribunal or person legally authorised to take evidence; and

(iii) before any other authority or person before whom such advocate is by or

under any law for the time being in force entitled to practise.

32. Power of Court to permit appearances in particular cases.—Notwithstanding anything

contained in this Chapter, any court, authority, or person may permit any person, not enrolled

as an advocate under this Act, to appear before it or him in any particular case.

33. Advocates alone entitled to practise.—Except as otherwise provided in this Act or in any

other law for the time being in force, no person shall, on or after the appointed day, be entitled to

practise in any court or before any authority or person unless he is enrolled as an advocate under

this Act.

34. Power of High Courts to make rules.—(1) The High Court may make rules laying down

the conditions subject to which an advocate shall be permitted to practise in the High Court and

the courts subordinate thereto.

CONDUCT OF ADVOCATES 35. Punishment of advocates for misconduct.—(1) Where on receipt of a complaint

or otherwise a State Bar Council has reason to believe that any advocate on its roll has

been guilty of professional or other misconduct, it shall refer the case for disposal to

its disciplinary committee.

(2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of

the case and shall cause a notice thereof to be given to the advocate concerned and

to the Advocate-General of the State.

(3) The disciplinary committee of a State Bar Council after giving the advocate concerned

and the Advocate-General an opportunity of being heard, may make any of the

following orders, namely:—

(a) dismiss the complaint or, where the proceedings were initiated at the instance

of the State Bar Council, direct that the proceedings be filed;

(b) reprimand the advocate;

(c) suspend the advocate from practice for such period as it may deem fit;

(d) remove the name of the advocate from the State roll of advocates.

(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he

shall, during the period of suspension, be debarred from practising in any court or

before any authority or person in India.

(5) Where any notice is issued to the Advocate-General under sub-section (2), the

Advocate-General may appear before the disciplinary committee of the State Bar Council

either in person or through any advocate appearing on his behalf.

Disposal of disciplinary proceedings

36B(1) The disciplinary committee of a State Bar Council shall dispose of

the complaint received by it expeditiously and in each case the

proceedings shall be concluded within a period of one year from

the date of the receipt of the complaint or the date of initiation

of the proceedings at the instance of the State Bar Council, as the case

may be, failing which such proceedings shall stand transferred to the Bar

Council of India which may dispose of the same as if it were a proceeding

withdrawn for inquiry under sub-section (2) of section 36.

37. Appeal to the Bar Council of India.—(1) Any person aggrieved by

an order of the disciplinary committee of a State Bar Council made or the

Advocate General of the State may, within sixty days of the date of the

communication of the order to him, prefer an appeal to the Bar

Council of India.

38. Appeal to the Supreme Court.—Any person aggrieved by an order

made by the disciplinary committee of the Bar Council of India or the

Attorney-General of India or the Advocate-General of the State concerned,

as the case may be, may within sixty days of the date on which the order

is communicated to him, prefer an appeal to the Supreme Court and

the Supreme Court may pass such order thereon as it deems fit:

42. Powers of disciplinary committee

(1) The disciplinary committee of a Bar Council shall have the same

powers as are vested in a civil court under the Code of Civil Procedure,

1908 (5 of 1908), in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person

and examining him on oath;

(b) requiring discovery and production of any documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copies thereof from

any court or office;

(e) issuing commissions for the examination of witness or

documents;

(f) any other matter which may be prescribed:

(2) All proceedings before a disciplinary committee of a Bar Council shall

be deemed to be judicial proceedings within the meaning of sections

193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and every such

disciplinary committee shall be deemed to be a civil court for the

purposes of sections 480, 482 and 485 of the Code of Criminal Procedure

44. Review of orders by

disciplinary committee.—

The disciplinary committee of a Bar Councilmay of its own motion or otherwisereview any order within sixty days of thedate of that order passed by it under thisChapter

Provided that no such order of review of thedisciplinary committee of a State BarCouncil shall have effect unless it hasbeen approved by the Bar Council ofIndia.

Duties of Advocate

Standards of Professional Conduct

and Etiquettes

Duty towards Court

Duty towards Client

Duty towards Colleague

Duty towards Opponent

Duty towards Public

Duty to Court1. conduct himself with dignity and self-respect

2. maintain towards the courts a respectful attitude

3. shall not influence the decision of a court by any illegal or improper means

4. use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices

5. appear in court at all times only in the prescribed dress

6. not enter appearance, act, plead or practice in any way before a court if the sole or any member thereof is related to the advocate in relationship

7. advocate shall not wear bands or gown in public places other than in courts

8. not appear in or before any court or tribunal or any other authority for or against an organization or an institution, society or corporation, if he is a member of the Executive Committee of such organization

9. Advocate should not act or plead in any matter in which he is himself pecuniary interested.

10. 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

Duty towards Client1. advocate is bound to accept any brief

2. advocate shall not ordinarily withdraw from engagements, once accepted,

without sufficient cause and unless reasonable and sufficient notices is given to

the client

3. advocate should not accept a brief or appear in a case in which he has reason to

believe that he will be a witness

4. advocate shall, make all such full and frank disclosure to his client relating to his

connection with the parties

5. duty of an advocate fearlessly to uphold the interests of his client by all fair and

honorable means

6. advocate appearing for the prosecution of a criminal trial shall so conduct the

prosecution that it does not lead to conviction of the innocent

7. advocate shall not, directly or indirectly, commit a breach of the obligations

imposed by Section 126 of the Indian Evidence Act

8. advocate shall not, at any time, be a party to fomenting of litigation

9. advocate shall not act on the instructions of any person other than his client or

his authorized agent.

10. advocate shall not stipulate for a fee contingent on the results of litigation or

agree to share the proceeds thereof.

Duty to Client11. advocate shall not buy or traffic in or stipulate for or agree to receive any share or

interest in any actionable claim.

12. advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name ,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

13. advocate shall not adjust fee payable to him by his client against his own personal liability to the client

14. advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.

15. advocate should keep accounts of the client’s money entrusted to him, 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,, 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., termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, 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 , A copy of the client’s account shall be furnished to him on demand provided the necessary copying charge is paid

16. advocate shall not enter into arrangements whereby funds in his hands are converted into loans.

17. 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

18. 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.

Duty to Colleagues

1. 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

2. advocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorized practice of law by any law agency.

3. advocate shall not accept a fee less than the fee taxable under rules when the client is able to pay the same.

4. 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

Duty to Opponent

1. 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

2. 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.

Duty to Public1. Section V-Duty in imparting training

45. It is improper for an advocate to demand oraccept fees or any premium from any person as aconsideration for imparting training in law under therules prescribed by State Bar Council to enable suchperson to qualify for enrolment under the AdvocatesAct, 1961.

1. SectionVI-Duty to Render Legal Aid

46. Every advocate shall in the practice of theprofession of law bear in mind that any one genuinelyin need of a lawyer is entitled to legal assistance eventhough he cannot pay for it fully or adequately and thatwithin the limits of an Advocate’s economic condition,free legal assistance to the indigent and oppressed isone of the highest obligations an advocate owes tosociety.

Form Of Dresses Or Robes To Be

Worn By Advocates

1.ADVOCATES

(a) A black buttoned up coat, chapkan, achkan, black sherwani and white bands withAdvocates’ Gowns.

(b) A black open breast coat. white shirt, white collar, stiff or soft, and white bandswith Advocates’ Gowns. In either cases wear long trousers (white, black striped orgrey), 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 ofbands.

II. LADY ADVOCATES

(a) A black full sleeve jacket or blouse, white collar stiff or soft, with white bands andAdvocates’ Gowns. White blouse, with or without collar, with white bands andwith a black open breasted coat.Or

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

III. Wearing of Advocates’ gowns shall be optional except when appearing in theSupreme Court or in High Court.

IV. Except in Supreme Court and High Courts during summer wearing of black Coat isnot mandatory.

Bar and Bench Relationship

Bar-Bench Relation in law refers to the cordial relationship between the Advocates and the Judges. The Bar (Advocates) and Bench (Judges) play an important role in the administration of justice. The judges administer the law with the assistance of the lawyers. The lawyers are the officers of the court. They are expected to assist the court in the administration of justice. As the officers of the court the lawyers are required to maintain respectful attitude toward the court bearing in mind that the dignity of the judicial office is essential for the survival of the society. Mutual respect is necessary for the maintenance of the cordial relations between the Bench and Bar.

Aims and Objectives• To promote the reforms of the administration of justice and of law and its healthy

development, suitable to the social, economic and other needs of the people;

• To promote uniformity of the legislation and of the judicial decisions throughout the country;

• To uphold the honour, dignity and the independence of the Bar and the Bench;

To assist the Bar in upholding its rights and the dignity in its relations with the executive, judiciary and legislation;

To apply the knowledge and the experience in the field of law for the promotion of the public good;

To promote and protect the privileges, interest and prestige of the Association and to promote union and co-operation and solidarity among the Advocates practicing in different Courts;

To take measures for the provision of free legal aid to the poor and the establishment and maintenance of a system of prompt and efficient legal advice for persons irrespective of their income;

To improve the standard of legal education in India;

To set up a code of professional conduct, discipline and etiquette;

To improve relations and cooperation between the Bar and the Bench, between the Bar and the public, and between the Indian Bar and the lawyers and the Bar of other countries;

To conduct and hold seminars, symposia, conferences, rallies, and to carry out protests in any manner on issues and topics of interest to the legal profession and the Bench and the public at large;

Contempt of Court

“contempt of court” means civil contempt

or criminal contempt;

“civil contempt”Means willful disobedience

to any judgment, decree,

direction, order, writ or

other process of a court or

willful breach of an

undertaking given to a

court;

“criminal contempt”Means the publication (whether by words,

spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which—

◦ (i) scandalizes, or tends to scandalize, or lowers or tends to lower the authority of, any court; or

◦ (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

◦ (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

Punishment for contempt of

court

A contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:

imprisonment - 6 months /

fine - 2000 Rs. /

Both

PROVIDED that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

Explanation: An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.

Contempt by judge, magistrate or

other person acting judicially (1) Subject to the provisions of any law for the time

being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.

(2) Nothing in this section shall apply to any observation or remarks made by a judge, magistrate or other person acting judicially, regarding subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.

Limitation for actions for contempt.

Limitation for actions for

contempt. No court shall initiate any

proceedings for contempt, either on

its own motion or otherwise, after

the expiry of a period of one year

from the date on which the

contempt is alleged to have

been committed.

Defenses for Criminal Contempt1. Innocent publication and Distribution of matter (Sec

3)

2. Fair and Accurate report of judicial proceeding (Sec 4)

3. Fair Criticism of judicial act (Sec 5)

4. Complaint against presiding officers of subordinate Court (Sec 6)

5. Publication of information relating to proceeding in chambers or in camera not contempt except in certain cases (Sec 7)

6. 13. Contempt's not punishable in certain cases.

Notwithstanding anything contained in any law forthe time being in force, no court shall impose a sentenceunder this Act for a contempt of court unless it issatisfied that the contempt is of such a nature that itsubstantially interferes, or tends substantially to interferewith the due course of justice.

Defenses for Civil Contempt

1. Disobedience or breach was not willful

2. The order has been passed withoutjurisdiction

3. Order disobeyed is vague or ambiguous

4. No knowledge of order

5. Compliance with the order is impossible

6. Order involve more than one reasonableinterpretation

7. Other defenses not affected (Sec 8)

8. Act not to imply enlargement of scope ofcontempt (Sec 9)

Remedies under Contempt of Court Apology :- The accused may be discharged or the punishment

awarded may be remitted on apology being made to the satisfaction

of the court.

Explanation.-An apology shall not be rejected merely on the ground

that it is qualified or conditional if the accused makes it bona fide.

Appeal :- (1) An appeal shall lie as of right from any order or

decision of High Court in the exercise of its jurisdiction to punish

for contempt-

(a) where the order or decision is that of a single Judge, to a

Bench of not less than two Judges of the Court

(b) where the order or decision is that of a Bench, to the

Supreme Court :

An appeal under sub-section (1) shall be filed-

(a) in the case of an appeal to a Bench of the High Court, within

thirty days ;

(b) in the case of an appeal to the Supreme Court, within sixty

days, from the date of the order appealed against.

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