Step 1: Bachelor’s degree in Law (L.L.

B)

To become an advocate in India, it is compulsory for a person to complete his bachelor’s degree
in law, i.e L.L.B (Legum Baccalaureus). The bachelor degree of law can be either of 3 years or 5
years.

Step 2: Enrolment in State Bar Council

The final step to be an advocate is to enroll in any of the State Bar Councils regulated by the
Advocates Act 1961. Every state has its unique process of registration. Once the registration is
completed the candidate has to clear the All India Bar Examination (AIBE). The exam is
conducted by the Bar Council of India, and the candidate gets the certificate of practice upon
clearing the exam. The test is conducted to assesses the basic analytical capabilities and
knowledge of the law.

Section 24:-Criteria for enrolment as an Advocate

A person shall be qualified to be enrolled as an advocate if he fulfills the following conditions:

(a) He is a citizen of India.

Provided that a national of any other country can also practice only if Indians are
allowed to practice in that other country;

(b) He has attained the age of 21 years;

(c) He has completed his bachelors in law;

(d) He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899
and an enrolment fee payable to the State Bar Council. He has to pay six hundred rupees to The
State Bar Council and one hundred and fifty rupees to the Bar Council of India. If such person is
a Schedule Caste or Schedule Tribe then he has to pay one hundred rupees to the State Bar
Council and twenty-five rupees to the Bar Council of India.
All India Bar Examination Rules, 2010

On 10th April 2010, the Bar Council of India has adopted a resolution, that it will conduct an All
India Bar Examination. As per the guidelines of the Bar Council of India, an advocate would be
entitled to a Certificate of Practice which would permit him/her to practice under Chapter IV of
the Advocates Act, 1961.

The council further explained that,

1. All advocated enrolled under section 24 of the Advocates Act, 1961 has to pass this
examination to continue their practice in India.
2. All law students graduating from the academic year 2009-2010 onwards have to
appear the Bar Examination.

Number of attempts of the All India Bar Examination

There is no limit to the number of attempt to the Bar Examination. If an advocate does not pass
the examination at once then he can reappear it and get the certificate of practice once he/she
passes the examination.

Advocates can practice in all states

Advocates registered in the roll of one state can practice anywhere in the country. According to
section 30 of the Advocates Act, an advocated is eligible to practice in all the territories covered
in this act (whole of India), he can practice in all courts including the Supreme Court of India, he
can practice before any tribunal, authority and any person who is authorised to take evidence
of the case.

But to practice in a state other than the registered state the advocate needs to register himself
in the respective Bar Council of the state where he wants to practice. Without registering with
the State Bar Council the advocate cannot practice. He needs to complete the registration
process and pay the registration fees. An advocate can be a member of multiple State Bar
Councils but he has to pay the annual fees of all the State Bar Council to continue his
membership in those councils.
Section 25:- Authority to whom applications for enrolment may be made.

An application for admission as an advocate shall be made in the prescribed form to the State
Bar Council within whose jurisdiction the applicant proposes to practice.

Section 22 Certificate of enrolment.—

(1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar
Council to every person whose name is entered in the roll of advocates maintained by it under
this Act.

(2) Every person whose name is so entered in the State roll shall notify any change in the place
of his permanent residence to the State Bar Council concerned within ninety days of such
change

All India Bar Examination (AIBE)

The Bar Council of India conducts the All India Bar Examination.

1. The examination is conducted twice a year and the time and place of the
examination, are decided by the Bar Council of India.
2. The examination tests the knowledge of the advocates on substantial and procedural
law areas which is decided by the Bar Council of India.
3. The syllabus of the examination is to be published by the Bar Council of India, before
three months from the date of the examination.
4. The Bar Council of India decides the percentage of marks required to pass the
examination
 5. The unsuccessful candidates can appear the examination again without any limit of
reappearances.
6. The Bar Council of India decides the syllabi, recommended readings, the appointment
of paper setters, moderators, evaluators, model answers, examination hall rules and
other related matters.
7. The manner and format of the application for examination is determined by the Bar
Council of India
8. Once an advocate passes the Bar examination, he/she receives a Certificate of
Practice.

Step 2: Enrolment in State Bar Council

The final step in becoming a lawyer is to participate in each of the State Bar Councils governed
by the 1961 Advocates Act. Each state has its own specific enrollment procedure. Upon
completion of the registration the candidate must clear the All India Bar Examination (AIBE).
The examination is conducted by the Indian Bar Council, and the candidate is given the
certificate of practice upon clearing the examination. The test is conducted to assesses the
basic analytical capabilities and knowledge of the law.

Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act)

(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be
qualified to be admitted as an advocate on a State roll, if he fulfills the following
conditions, namely:—
(a) He is a citizen of India:

Provided that subject to the other provisions contained in this Act, a national of any
other country may be admitted as an advocate on a State roll, if citizens of India, duly
qualified, are permitted to practise law in that other country;

(b) He has completed the age of twenty-one years;

(c) He has obtained a degree in law-

(i) Before the 1[12th day of March, 19671 from any University, in the territory of India;
or
 (ii) Before the 15th of August, 1947, from any University in any area which was
comprised before that date within India as defined by the Government of India Act,
1935; or

[(iii) After the 12th day of March, 1967, save as provided in sub-clause (iii) After
undergoing a three years course of study in law from any University in India which is
recognised for the purposes of this Act by the Bar Council of India; or

(iiia) After undergoing a course of study in law, the duration of which is not less than
two academic years commencing from the academic year 1967-68 or any earlier
academic year from any University in India which is recognised for the purposes of
this Act by the Bar Council of India; or]

(iv) In any other case, from any University outside the territory of India, if the degree
is recognised 'for the purpose of this Act by the Bar Council of India] or;

(e) He fulfills such other conditions as may be specified in the rules made the State bar Council
under this Chapter;

(f) He has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian
Stamp Act 1899, and an enrolment fee payable to the State Bar Council of [six hundred rupees
and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in
favour of that Council]:

Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes
and produces a certificate to the effect from such authority as may be -scribed, the enrolment
fee payable by him to the State Bar Council shall be [one hundred rupees and to the Bar Council
of India, twenty-five rupees].

(2) Notwithstanding anything contained in subsection (1) [a vakil or a pleader who is a law
graduate] may be admitted as an advocate on a State roll, if he

(a) Makes an application for such enrolment in accordance with the revisions of this Act, not
later than two years from the appointed, day, and

(b) Fulfills the conditions specified in clauses (a), (b) and (f) of subsection (1)
(3) Notwithstanding anything contained in subsection (1) a person who-

(a) a person who has, for at least three years, been a vakil or a pleader or a mukhtar or was
entitled at any time to be enrolled under any law 13[* * *] as an advocate of a High Court
(including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any
Union territory; or

[(aa) Before the 1st day of December, 1961, was entitled otherwise than as an advocate to
practise the profession of law (whether by way of pleading or acting or both) by virtue of the
provisions of any law, or who would have been so entitled had he not been in public service on
the said date; or]

(c) Before the 1st day of April, 1937, has been an advocate of any High Court in any area which
was comprised within Burma as defined in the Government of India Act, 1935-, or

(d) Is entitled to be enrolled as an advocate under any rule made by the Bar Council of
India in this behalf,

may be admitted as an advocate on a State roll if he-

(i) Makes an application for such enrolment in accordance with the provisions of this Act; and

(ii) Fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section

All India Bar Examination (AIBE)

1. e Bar Council of India conducts the All India Bar Examination.

2. The examination is conducted twice a year and the time and place of the
examination, are decided by the Bar Council of India.
3. The examination tests the knowledge of the advocates on substantial and procedural
law areas which is decided by the Bar Council of India.
4. The syllabus of the examination is to be published by the Bar Council of India, before
three months from the date of the examination.
 5. The Bar Council of India decides the percentage of marks required to pass the
examination
6. The unsuccessful candidates can appear the examination again without any limit of
reappearances.
7. The Bar Council of India decides the syllabi, recommended readings, the appointment
of paper setters, moderators, evaluators, model answers, examination hall rules and
other related matters.
8. The manner and format of the application for examination is determined by the Bar
Council of India
9. Once an advocate passes the Bar examination, he/she receives a Certificate of
Practice.

All India Bar Examination Rules, 2010

On 10th April 2010, the Bar Council of India has adopted a resolution, that it will conduct an All
India Bar Examination. As per the guidelines of the Bar Council of India, an advocate would be
entitled to a Certificate of Practice which would permit him/her to practice under Chapter IV of
the Advocates Act, 1961.

The council further explained that,

1. All advocated enrolled under section 24 of the Advocates Act, 1961 has to pass this
examination to continue their practice in India.
2. All law students graduating from the academic year 2009-2010 onwards have to
appear the Bar Examination.

Number of attempts of the All India Bar Examination

There is no limit to the number of attempt to the Bar Examination. If an advocate does not pass
the examination at once then he can reappear it and get the certificate of practice once he/she
passes the examination.

Advocates can practice in all states

Advocates registered in the roll of one state can practice anywhere in the country. According to
section 30 of the Advocates Act, an advocated is eligible to practice in all the territories covered
in this act (whole of India), he can practice in all courts including the Supreme Court of India, he
can practice before any tribunal, authority and any person who is authorised to take evidence
of the case.

But to practice in a state other than the registered state the advocate needs to register himself
in the respective Bar Council of the state where he wants to practice. Without registering with
the State Bar Council the advocate cannot practice. He needs to complete the registration
process and pay the registration fees. An advocate can be a member of multiple State Bar
Councils but he has to pay the annual fees of all the State Bar Council to continue his
membership in those councils.
 Shreya singhal  V. Union Of India
Police arrested two women for posting allegedly offensive and objectionable comments on
Facebook about the propriety of shutting down town of Mumbai after the death of a politician.
The police made the arrests under Section 66A of the data Technology Act of 2000 (ITA), which
punishes somebody who sends through a computer resource or communication device any
information that's grossly offensive, or with the knowledge of its falsity, the data is transmitted
for the aim of causing annoyance, inconvenience, danger, insult, injury, hatred, or ill will.

Although the police later released the ladies and dismissed their prosecution, the incident
invoked substantial media attention and criticism. the ladies then filed a petition, challenging
the constitutional validity of Section 66A on the bottom that it violates the correct to freedom
of expression.

The Petitioners argued that Section 66A was unconstitutional because it intended protection
against annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, or
ill-will fall outside the purview of Article 19(2). They also argued that the law was
unconstitutionally vague because it fails to specifically define its prohibitions. Additionally, they
contended that the law encompasses a “chilling effect” on the right to freedom of expression.

On the other hand, the government argued that the legislature is in the best position to address
the needs of individuals and the courts should intervene with the legislative process only if "a
law specifically violates the rights imposed on the person under Part III of the Constitution." The
government contended that the mere existence of violation of a provision may not be a
justification for declaring the provision as such unconstitutional.

On the basis of the reasons given, the Court invalidated Section 66A of ITA in its entirety, in
violation of the right to freedom of speech guaranteed under Article 19(1)(a) of the Indian
constitution.

K.A. Abbas v. Union of India

This is perhaps the primary case where the question referring to the censorship of films
arises. during this case, the Supreme Court considered important question referring to pre-
censorship of cinematograph films in relevancy the elemental right of freedom of speech and
expression conferred by Article 19(1)(a) of the Constitution. The petitioner during this case
challenged the choice of the Board of Film Censors in refusing a 'U' certificate for him film "A
Tale of 4 Cities". While the case was pending within the Supreme Court, the Central
Government to grant the 'U' certificate provided certain cuts were made within the film.

The following two issues were before the court for consideration

(A) That pre-censorship cannot itself be permitted under the freedom of speech and
expression; and

(b) That, even if it were a valid restriction of freedom, it must be exercised on very clear
premises that leave no space for arbitrary action.

It was also observed that pre-censorship was just an element of censorship and bore the same
quality-to-material relationship as censorship after running the motion picture.

Censorship should not, however, be practiced for imposing unfair limitations on freedom of
speech. Keeping the opinion that 'pre-censorship was just an element of censorship and
cinematographic film censorship was 'absolute,' Hidayatullah, C.J. went on to point out that 'it
was almost universally understood that motion pictures had to be handled differently from
other forms of art and speech, because the immediate appeal of a motion picture to both the
sight and the hearing, and because a motion picture had to be handled differently. And because
a picture of motion had become truer to life than either the theater or any other form of artistic
representation. Its impact was fantastic, particularly on children and immature teenagers.

The court upheld the general principles laid down for the censors' guidelines and claimed that
the obscenity test and standards set out in Udeshi's case applied mutatis mutandis to an
obscene filmmaker.

A) Mr. B has to prove the following things:

 The Statement should be made

 The Statement must refer to the plaintiff
 The Statement must be defamatory
 The intention of the wrongdoer
 The Statement should be false
 The Statement should not be privileged
 The Statement must be published
 The third party believes the defamatory matter to be true
  The Statement must cause injury

B) If the defamatory words are included in a piece, you need to examine the article as an entire
to work out if its meaning is defamatory. You can't come to a conclusion by simply reading one
sentence or one paragraph out of context. this is often because, in one paragraph of "the article
it should say that Mr. B is an immoral person", but the following paragraph may state that "in
fact Mr. B isn't so bad and people rumors saying that he's immoral are incorrect". For this
reason, Mr. B cannot simply depend on one paragraph or a sentence contained within the
article to sue the author without considering the content of the remainder of the article.

You must examine the publication as an entire. If the meaning of the words that somebody
spoke or wrote don't seem to be so clear, the court will adopt the view of the bulk of
individuals towards the article because the basis for deciding this type of case.

c) People might imagine that if they are doing not put the name of an individual in a writing,
but provides a thorough description of the person (e.g. the business that he runs, his nickname
or surname, the items that he had done, etc.), that person would have difficulty proving that
the article actually refers to him.

In this circumstance, the court will concede to whom the author originally intended to refer and
whether ordinary readers will think that the author is bearing on that exact person after
reading the article. If Mr. B's friends and other can reasonably think that the article refers to
him, then the court will conclude that the article in question does relate to Mr. B.

D) The reader, who posted the article on the web and thus made the content available to the
general public, has repeated the defamatory words to others. Merely quoting other people's
words is regarded in law as publication. If the words are defamatory, the one who merely
repeated those words is chargeable for defamation. Irrespective of what percentage times the
words are repeated, each repetition is one instance of defamation. During this case, that reader
is chargeable for the publication of that defamatory article.

The magazine company, which disseminated the article to the general public within the first
place, also will be chargeable for publishing the defamatory words whether or not the author of
the article isn't a reporter/employee of that company. the corporate may avoid its liability
provided that innocent publication is proved and a proposal of amends has been made under
section 25 of the Defamation Ordinance.