Ethics Notes (By Abhishek Yadav)

Compiled by : Abhishek Yadav (Student , Campus Law Centre)
Email id : abhishekyadav.law@yahoo.com
Advocates Act, 1961

Brief History of Legal Profession in India :
(quick reading from case material)
”Seven Lamps of Advocacy”

It is a book written by Judge Edward Abbot Parry- mentions the essential
qualities that an advocate must possess to succeed in his profession, viz :
1. Honesty
2. Courage
3. Industry
4. Wit
5. Eloquence
6. Judgement
7. Fellowship
Honesty  Honesty is the most important quality that an advocate should

possess. His thoughts words and deeds should have sincere correlation to
each other with genuineness. An Advocate should be dependable reliable to
everyone who seeks his advise and services. The uprightness, integrity and
honesty of the Advocate will increase his reputations and respect in the
society.
Courage It is the duty of an Advocate to fearlessly uphold the interest of

his client by all fair means without fear of any unpleasant consequences to
himself or any other person. It is the knowledge and the skill of the
Advocate that gives him the necessary courage and confidence to present
the case fearlessly and to uphold the interest of the client. The knowledge
and the skill can be acquired and developed by mastery of facts, mastery of
laws, mastery in drafting and presentations of convincing arguments.
1
Industry It means hard work. Hard works is absolutely necessary for an

Advocate. His knowledge of law should be up to date. He shall never be
ignorant of the current law in force. He shall get acquainted with the latest
law by systematic study. If one ignores the law, the law will also ignore him.
That is why it is said that “law is the jealous mistress”.
Wit  Judges and lawyers have to deal with a variety of serious and
important matters affecting life and liberty of the people. So constant clash
between them is common. Anxiety for a favourable verdict on the part of
the lawyers; and perpetual worry for the pursuit of the truth on the part of
the judges generate strain and tension. Occasional wit and humour,
provoking a smile or laughter will help them to ease the tension, and
refresh themselves to sharpen their brain for effective discharge of duty.
Eloquence Eloquence means the fluency, force and style of using the
language. Strong vocabulary is one of the powerful weapon which an
Advocate should posses. Words are his keys of thoughts. Strong vocabulary
gives him assurance, build his self confidence and build his personality.
Words must be employed with eloquence. The art of persuasive and
impressive speaking will give the desired result in his favour.
Judgement : It means the ability to come to a sensible conclusion and make

wise decisions at the relevant time in the proper way. It is on the basis of
these conclusions he should employ the necessary facts and the techniques
in the case which he is engaged. This quality is necessary from the
beginning of filing the case till its final disposal. An Advocate must always
anticipate all the possible moves of the other side and must develop the
necessary presence of mind , alertness and tact to cope with any awkward
situation of difficulty that may arise in the case.
Fellowship : In legal profession, one Advocate fights with another Advocate for justice
before the learned judge. There may be controversies and contradictions in their
contention relating to the case, but that shall never affect the fellowship. The Advocates
should refer the opposite party’s Advocate as “Learned Friend” and the judge should be
referred as “Learned Judge”. In order to maintain the fellowship, the BCI has laid down
certain rules to be observed as the duty to colleagues.
2
ADVOCATES ACT, 1961
Entry 77 & 78 in List-1, empowers Parliament to prescribe, inter alia, the

qualifications and conditions for person to practice before the SC or HC.
Hence, using this power and based on the recommendations of Justice SR
Das Committee Report(1952) and 14th Law Commission Report(1958) –
Parliament enacted Advocates Act,1961.
Primary Objective :
 To consolidate various laws related to legal practitioners.
 Creation of various State bar Councils and the All India bar.
Salient Features :
1. Establishment of an All India Bar Council , along with State Bar councils.
2. Common roll of advocates
3. Right to practice in any part of India and in any court.
4. Integration of Bar into single class of practitioners-‘Advocates’.
5. Prescription of uniform qualifications
6. Division of advocates- Senior Adv and Other Adv , based on merit
Sec. 2 : Definitions
Sec. 2(a) “advocate” means an advocate entered in any roll under the
provisions of this Act
Sec. 2(h) “law graduate” means a person who has obtained a bachelor’s
degree in law from any University estab. by law in India;
Sec. 2(i) “Legal practitioner” means an advocate [or vakil] or any HC,a
pleader, mukhtar or revenue agent
Sec. 2(k) “roll” means a roll of advocates prepared and maintained under
this Act
Sec. 2(m) “State Bar Council” means a Bar Council constituted u/s 3.
Sec. 2(n) “State roll” means a roll of advocates prepared and
maintained by a State Bar Council u/s 17.
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Section 4 : Bar Council of India
Sec. 4(1) There shall be a Bar Council for the territories to which this Act
extends to be known as the BCI 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 SBC from its members
Sec. 4(1A) No person shall be eligible for being elected as a member of

the Bar Council of India unless he possesses the qualifications
specified in the proviso to sub-section (2) of section 3.
Sec. 4(2) There shall be a Chairman and a Vice-Chairman of the Bar

Council of India elected by the Council in such manner as may
be prescribed.
Sec. 4(2A) A person holding office as Chairman or as Vice-Chairman of

the BCI immediately before the commencement of the Advocates
(Amendment) Act, 1977, shall, on such commencement, cease to
hold office as Chairman or Vice Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of
his office until the Chairman or the Vice-Chairman, as the case
may be, of the Council, elected after the commencement of the
Advocates (Amendments) Act, 1977 ,assumes charge of the office.
Sec. 4(3) The term of office of a member of the Bar Council of India
elected by the State Bar Council shall –
i. in the case of a member of a State Bar Council who holds
office ex-officio, be two years from the date of his election
2[or till he ceases to be a member of the State Bar Council,
whichever is earlier ; and
ii. in any other case, be for the period for which he holds
office as a member of the State Bar Council:
Provided that every such member shall continue to hold
office as a member of the Bar Council of India until his
successor is
elected.
4
Section 5 : Bar Council to be Body Corporate
 Every Bar Council shall be a body corporate having perpetual succession

and a common seal, with power to acquire and hold property, both
moveable and immovable, and to contract, and may by the name by
which it is known sue and be sued.
Section 6 : Functions of State Bar Councils (SBCs)
Sec. 6(1) The functions of a State Bar Council shall be:

 to admit person as advocate on roll
 to prepare and maintain such roll
 to entertain and decide cases of misconduct against
advocates on its roll
 to safeguard the rights, privileges and interests of advocates
on its roll
 to promote the growth of Bar Association for the purpose of
effective implementation of the welfare schemes
 to promote and support law reforms
 to conduct seminars and organise talks on the legal topics by
eminent jurists and publish journals and paper of legal
interest
 to organise legal aid to the poor in the prescribed manner
 to manage and invest the funds of Bar Council
 to provide for elections of its members
 to visit and inspect Universities
 to perform other functions conferred on it by this Act
 to do all other things for discharge of aforesaid functions
Sec. 6(2) A State Bar Council may constitute one or more funds in the
prescribed manner for the purpose of—
 giving financial assistance to organise welfare schemes for
indigent, disabled or other advocates
 giving legal aid or advise in accordance with the rules made
in this behalf.
 Establishing law libraries.
Sec. 6(3) A State Bar Council may receive any grants, donations, gifts
or benefactions for all or any of the purposes specified in sub-
sec (2) which shall be credited to the appropriate fund(s)
constituted under that sub-sec.
5
Section 7 : Functions of Bar Council of India (BCI)
Sec. 7(1) The functions of the Bar Council of India shall be –

 To lay down standards of professional conduct and
etiquettes for advocates
 To lay down the procedure to be followed by disciplinary
committees of both BCI and SBCs.
 To safeguard the rights, privileges and interests of advocates
 To promote and support law reforms
 To deal with and dispose of any matter arising under the Act,
which may be referred to it by a SBC
 To exercise general supervision and control over SBC
 To promote legal education and lay down standards for it in
consultation with Universities and SBCs.
 Recognition to degrees of universities for bar enrolment and
also the visit & inspection of universities
 To conduct seminars and organise talks on legal topics by
eminent jurists, & publish journals/papers of legal interest.
 To organise legal aid to poor in prescribed manner
 Recognise on reciprocal basis – foreign qualifications in law
obtained from outside India for the purpose of admission as
an advocate under this Act.
 To manage and invest funds of the Bar Council
 To provide for the election of its members
 To perform all other functions conferred on it under this Act.
 To do all things necessary for discharging aforesaid
functions.
Sec. 7(2) Same as Sec. 6(2)
Sec. 7(3) Same as Sec. 6(3)
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Chapter III : Admission and Enrolment of Advocates
Section 16 : Senior and Other Advocates
Sec. 16(1) There shall be two classes of advocates, namely, senior

advocates and other advocates.
Sec. 16(2) An advocate may, with his consent, be designated as Senior

Adv. if the SC or a HC 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.
Sec. 16(3) Senior advocates shall, in the matter of their practice, be

subject to such restrictions as the BCI may, in the interest of
the legal profession, prescribe.
Sec. 16(4) An advocate of the SC who was a Senior Adv. of that Court
immediately before the appointed day shall, for the purposes
of this section, be deemed to be a senior advocate:
Provided that where any such senior advocate makes an

application before the 31st December, 1965 to the Bar Council
maintaining the roll in which his name has been entered that
he does not desire to continue as a senior advocate, the Bar
Council may grant the application and the roll shall be altered
accordingly.
Section 17 : State Bar Councils(SBCs) to maintain roll of advocates
Sec. 17(1) Every State Bar Council shall prepare and maintain a roll of
advocates in which shall be entered the names and addresses
of—
a) all persons who were entered as advocates on the roll of
any High Court under the Indian Bar Councils Act, 1926,
immediately before the appointed date.
b) all other persons who are admitted to be advocates on the
roll of the SBC under this Act on or after the appointed day.
Sec. 17(2) Each such roll of advocates shall consist of two parts:
 1st part -- containing the names of senior advocates
 2nd part -- the names of other advocates
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Sec. 17(3) Entries in each part of the roll of advocates prepared and
maintained by a State Bar Council under this section shall be
in the order of seniority, [and, subject to any rule that may be
made by the BCI in this behalf, such seniority shall be
determined] as follows:
a) the seniority of an advocate referred to in clause (a) sub
section (1) shall be determined in accordance with his date
of enrolment under the Indian Bar Councils Act, 1926
b) the seniority of any person who was a senior advocate of
the Supreme Court immediately before the appointed day
shall, for the purposes of the first part of the State roll, be
determined in accordance with such principles as the BCI
may specify ;
c) (omitted)
d) the seniority of any other person who, on or after the
appointed day, is enrolled as a senior advocate or is
admitted as an advocate shall be determined by the date of
such enrolment or admission, as the case may be ;
e) notwithstanding anything contained in clause (a), the
seniority of an attorney enrolled [whether before or after
the commencement of the Advocate (Amendment) Act,
1980] as an advocate shall be determined in accordance
with the date of his enrolment as an attorney.
Sec. 17(4) No person shall be enrolled as an advocate on the roll of more

than one State Bar Council.
Section 22 : Certificate of Enrolment
Sec. 22(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.
Sec. 22(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 SBC concerned within 90 days of such change.
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Section 24 : Person who may be admitted as an advocate on state roll
Sec. 24(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.
b) He has completed 21 years of age.
c) He has obtained a law degree –
 Before 12th March,1967 – from any University in
India
 Before 15th August, 1947 – from any University in an
area within India as per GOI Act, 1935.
 After 12th March, 1967 –after undergoing a 3 year
course of study of law-- from a University in India
which is recognised by BCI .
 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 purposes of this Act by BCI ;
 from an University outside India, if it is recognised by
BCI, or :
 he is a barrister and is called to the Bar on
or before the 31st December, 1976 [or has
passed the article clerks examination or any
other examination specified by the High Court
at Bombay or Calcutta for enrolment as an
attorney of that HC ;] , or has obtained such
other foreign qualification in law as is
recognised by the BCI for the purpose of
admission as an advocate under this Act
d) (omitted)
e) he fulfils such other conditions as may be specified in the
rules made by the SBC 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 -- Rs.600 to the BCI, and Rs. 150 by
way of a bank draft drawn to SBC:
 Provided that where such person is a
member of the SC/ST and produces a certificate
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to that effect from such authority as may be

prescribed, the enrolment fee payable by him –
Rs. 25 to BCI and Rs.150 to the SBC .
[Explanation.—For the purposes of this sub-section, a person
shall be deemed to have obtained a degree in law from a
University in India on that date on which the results of the
examination for that degree are published by the University on
its notice board or otherwise declaring him to have passed
that examination.]
Sec. 24(2) Notwithstanding anything contained in sub-section (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 provisions of this Act, not later than 2 years from
the appointed day, and
b) fulfils the conditions specified in clauses (a), (b), (e) and (f)
of sub-section (1).
Sec. 24(3) Notwithstanding anything contained in sub-sec.(1), a person

who—
a) has, for atleast 3 years, been a vakil or pleader or a
mukhtar, or, was entitled at any time to be enrolled under
any law 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 December, 1961, was entitled otherwise
than as an advocate, to practise the profession of law
(whether by of pleading or acting or both) by virtue of the
provision of any law, or who would have been so entitled
had he not been in public service on the said date; or
b) (omitted)
c) before 1st April, 1937, has been an advocate of any HC in
any area comprised within Burma as defined in GOI Act,
1935; or
d) is entitled to be enrolled as an advocate under any rule
made by the BCI in this behalf, may be admitted as an
advocate on a State roll if he—
i. makes an application for such enrolment in
accordance with the provisions of this Act; and
ii. fulfils the conditions specified in clauses (a), (b),
(e) and (f) of sub-sec.(1).
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Section 24A : Disqualification for enrolment
Sec. 24A(1) No person shall be admitted as an advocate on State roll if

he is—
a) convicted of an offence involving moral turpitude;
b) convicted of an offence under the provisions of the
Untouchability (Offences) Act, 1955
c) dismissed or removed from employment or office under
the State on any charge involving moral turpitude.
Explanation.—In this clause, the expression “State” shall

have the meaning assigned to it under Article 12 of the
Constitution:
Provided that the disqualification for enrolment as aforesaid

shall cease to have effect after a period of 2 years has
elapsed since his [release or dismissal or, as the case may
be, removal}].
Sec. 24A(2) Nothing contained in sub-section (1) shall apply to a person

who having been found guilty is dealt with under the
provisions of the Probation of Offenders Act, 1958
Section 26A : Power to remove names from roll
 A ‘State Bar Council’ may remove from the State roll the name of any
advocate who is dead or from whom a request has been received to that
effect.
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Chapter IV : RIGHT TO PRACTICE
Section 29 : Advocates to be the only recognised class of persons

entitled to practise law
Subject to the provisions of this Act and any rules made thereunder, there
shall, as from the appointed day, be only one class of persons entitled to
practise the profession of law, namely --‘Advocates’.
Section 30 : Right of advocate to practice
Subject to provisions of this Act, every advocate whose name is entered in

the 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.
Section 33 : Advocate alone entitled to practice
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.
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Chapter V : CONDUCT OF ADVOCATES
Section 35 : Punishment of advocates for misconduct
Sec. 35(1) Where on receipt of a complaint or otherwise, a SBC 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’.
Sec. 35(1A) The SBC may, either of its own motion or on application made
to it by any person interested, withdraw a proceeding pending
before its disciplinary committee and direct the inquiry to be
made by any other disciplinary committee of that SBC .
Sec. 35(2) The disciplinary committee of a SBC 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.
Sec. 35(3) The disciplinary committee of a SBC 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 may direct that the proceeding
to be filed before it where the proceedings were initiated at
the instance of the SBC.
b) Reprimand the advocate
c) Suspend the Adv. from practice for such period as it deem fit
d) remove the name of the Adv. from the State roll
Sec. 35(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.
Sec. 35(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 SBC either in person or through
any advocate appearing on his behalf.
Explanation.— In this section, [section 37 and section 38], the expressions

“Advocate-General” and Advocate-General of the State” shall, in relation to
the Union territory of Delhi, mean the Additional Solicitor General of India.
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Section 36 : Disciplinary powers of Bar Council of India(BCI)
Sec. 36(1) Where on receipt of a complaint or otherwise, the BCI has

reason to believe that any advocate (whose name is not
entered on any State roll) has been guilty of professional or
other misconduct, it shall refer the case for disposal to its
disciplinary committee.
Sec. 36(2) Notwithstanding anything contained in this Chapter, the

disciplinary committee of the BCI may, [either of its own
motion or on a report by a SBC or on an application made to it
by any person interested], withdraw for inquiry before itself,
any proceedings for disciplinary action against any advocate
pending before the disciplinary committee of any SBC and
dispose of the same.
Sec. 36(3) The disciplinary committee of the BCI, in disposing of any case
under this section, shall observe, so far as may be, the
procedure laid down in section 35, the references to the
Advocate-General in that section being construed as
references to the Attorney-General of India.
Sec. 36(4) In disposing of any proceedings under this section, the

disciplinary committee of the BCI may make any order which
the disciplinary committee of a SBC can make under sub-
section (3) of section 35, and where any proceedings have
been withdrawn for inquiry 5[before the disciplinary
committee of the BCI] the State Bar Council concerned shall
give effect to any such order.
Section 37 : Appeal to the Bar council of India(BCI)

Sec. 37(1) Any person aggrieved by an order of the disciplinary
committee of a SBC made under section 35 or the Advocate
General of the State may, within 60 days of the date of the
communication of the order to him, prefer an appeal to BCI.
Sec. 37(2) Every such appeal shall be heard by the disciplinary
committee of the BCI, which may pass such order (including
an order varying the punishment awarded by disciplinary
14
committee of the SBC)] thereon as it deems fit:
Provided that no order of the disciplinary committee of the

SBC shall be varied by the disciplinary committee of the BCI so
as to prejudicially affect the person aggrieved without giving
him reasonable opportunity of being heard.
Section 38 : Appeal to Supreme Court
Any person aggrieved by an order made by the disciplinary committee of

the BCI u/s36 or 37 , or the Attorney-General of India or the Advocate-
General of the State concerned, as the case may be,-- may within 60 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 [(including
an order varying the punishment awarded by the disciplinary committee of
the BCI)] thereon as it deems fit:
Provided that no order of the disciplinary committee of the BCI shall be

varied by the Supreme Court so as to prejudicially affect the person
aggrieved without giving him a reasonable opportunity of being heard.
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Contempt of Court Act, 1971

Purpose/Object :
 An Act to define and limit the powers of certain courts in punishing
contempts of courts and to regulate their procedure in relation thereto.
 To uphold the majesty and dignity of law courts and their image in the
minds of the public.
 For keeping the administration of justice pure and undefiled.
History
 The origin of the law of Contempt in India can be traced from the
English law. In England Superior Courts of record have form early
times, exercised the power to commit for contempt persons who
scandalized the Court or the Judges.
 The right of the Indian High Courts to punish for contempt was in the
first instance recognized by the Judicial Committee of the Privy Council.
 The first Indian statute on the law of contempt i.e., the Contempt of
Courts Act, 1926 -- enacted to define and limit the powers of certain
courts in punishing contempt of courts.
o (-ve) : existing law was uncertain, undefined and unsatisfactory.
 The jurisdiction to punish for contempt touches upon two important
fundamental rights of the citizens namely, the right to personal liberty
and the right to freedom of expression. It was, therefore, considered
advisable to have the entire law on the subject scrutinized by a special
committee.
 Special Parliamentary Committee – set up in 1961 under Shri H.N.
Sanayal, ASG – prepared its report in 1963 – Joint Parliamentary
Committee scrutinized – finally Contempt of Court Act, 1971.
Section 2 : Meaning
Sec. 2(a) Contempt of court : means civil contempt or criminal
contempt;
Sec. 2(b) Civil Contempt : means wilful disobedience to any
judgment, decree, direction, order, writ or other process of a
court or wilful breach of an undertaking given to a court;
16
Sec. 2(c) 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. scandalises or tends to scandalise, or lowers or tends
to lower the authority of any court; or
ii. prejudices, or interferes or tends to interfere with, the
due course of any judicial proceeding; or
iii. interferes or tends to interfere with, or obstructs or
tends to obstruct, the administration of justice in any
other manner;
Sec. 2(d) High Court : means the High Court for a State or a Union
territory, and includes the court of the Judicial
Commissioner in any Union territory.
Relevant Case laws :

 Maninderjeet Singh Bitta v. UOI
 R.K. Anand v. Registrar,Delhi High Court
 In Re Arundhati Roy
 Mrityunjoy Das v. Sayed Rahaman
DEFENCES (Section 3-8)
 Section 3: Innocent publication and distribution of matter not contempt

 Section 4 : Fair and accurate report of judicial proceeding not contempt.
 Section 5 : Fair criticism of judicial act no contempt.
 Section 6 : Complaint against presiding officers of subordinate courts
when not contempt.
 Section 7 : Publication of information relating to proceeding in
chambers or in camera not contempt except in certain cases.
 Section 8 : Other defences not affected.
Relevant Caselaw :
 Bhuramal Swami v. Raghuveer Singh & Ors
 Perspective Publication v. State of Maharashtra
 Narmada Bachao Andolan v. UOI
17
Section 3 : Innocent publication and distribution of matter not

contempt
1) A person shall not be guilty of contempt of court on the ground that he

has published (whether by words, spoken or written, or by signs, or by
visible representations, or otherwise) any matter which interferes or
tends to interfere with, or obstructs, or tends to obstruct, the course of
justice in connection with any civil or criminal proceeding pending at
that time of publication, if at that time he had no reasonable grounds for
believing that the proceeding was pending.
2) Notwithstanding anything to the contrary contained in this Act or any

other law for the time being in force, the publication of any such matter
as is mentioned in sub-section (1) in connection with any civil or
criminal proceeding which is not pending at the time of publication shall
not be deemed to constitute contempt of court.
3) A person shall not be guilty of contempt of court on the ground that he

has distributed a publication containing any such matter as is
mentioned in sub-section (1), if at the time of distribution he had no
reasonable grounds for believing that it contained or was likely to
contain any such matter as aforesaid :
PROVIDED that this sub-section shall not apply in respect of the

distribution of-
(i) any publication which is a book or paper printed or published
otherwise than in conformity with the rules contained in section 3
of the Press and Registration of Books Act, 1867, (25 of 1867);
(ii) any publication which is a newspaper published otherwise than
in conformity with the rules contained in section 5 of the said Act.
Section 4 : Fair and accurate report of judicial proceeding not

contempt.
 Subject to the provisions contained in section 7, a person shall not be
guilty of contempt of court for publishing a fair and accurate report of a
judicial proceeding or any stage thereof.
Section 5 : Fair criticism of judicial act no contempt.
 A person shall not be guilty of contempt of court for publishing any fair
comment on the merits of any case which has been heard and finally
decided.
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Section 6 : Complaint against presiding officers of subordinate courts

when not contempt.
 A person shall not be guilty of contempt of court in respect of any

statement made by him in good faith concerning the presiding officer of
any subordinate court to—
 Any other subordinate court , or
 The High Court
to which it is subordinate.
Explanation.—In this section, “subordinate court” means any court
subordinate to a High Court.
Section 7 : Publication of information relating to proceeding in

chambers or in camera not contempt except in certain cases.
1) Notwithstanding anything contained in this Act, a person shall not be

guilty of contempt of court for publishing a fair and accurate report of a
judicial proceeding before any court sitting in chambers or in camera
except in the following cases, that is to say,—
a. where the publication is contrary to the provisions of any
enactment for the time being in force;
b. where the court, on grounds of public policy or in exercise of any
power vested in it, expressly prohibits the publication of all
information relating to the proceeding or of information of the
description which is published;
c. where the court sits in chambers or in camera for reasons
connected with public order or the security of the State, the
publication of information relating to those proceedings;
d. where the information relates to a secret process, discovery or
invention which is an issue in proceedings.
2) Without prejudice to the provisions contained in sub-section (1), a

person shall not be guilty of contempt of court for publishing the text or
a fair and accurate summary of the whole, or any part, of an order made
by a court sitting in chambers or in camera, unless the court has
expressly prohibited the publication thereof on grounds of public policy,
or for reasons connected with public order or the security of the State,
19
or on the ground that it contains information relating to a secret

process, discovery or invention, or in exercise of any power vested in it.
Section 8 : Other defences not affected

 Nothing contained in this Act shall be construed as implying that any
other defence which would have been a valid defence in any
proceedings for contempt of court has ceased to be available merely by
reason of the provisions of this Act.
Contempt by Judges , Magistrates or other person acting judicially

(Section 16 )
1) Subject to the provisions of any law for the time being in force, a judge,
magistrate or other person acting judicially shall also be liable for
contempt of his own court or of any other court in the same manner as
any other individual is liable and the provisions of this Act shall, so far as
may be, apply accordingly.
2) Nothing in this section shall apply to any observations or remarks made

by a judge, magistrate or other person acting judicially, regarding a
subordinate court in an appeal or revision pending before such judge,
magistrate or other person against the order or judgment of the
subordinate court.
20
Punishment for Contempt (Sec. 10-13)
Relevant Caselaws :
 SC Bar Association v. UOI
 Smt Pushpaben & Others v. Narandas V Badani
 Daroga Singh v. B.K. Pandey
 Pravin C. Shah v. K.A. Mohd Ali
Section 10 : Power of High Court to punish contempts of subordinate

courts.
Every High Court shall have and exercise the same jurisdiction, powers and
authority, in accordance with the same procedure and practice, in respect
of contempts of courts subordinate to it as it has and exercises in respect of
contempts of itself:
Provided that no High Court shall take cognizance of a contempt alleged to

have been committed in respect of a court subordinate to it where such
contempt is an offence punishable under the IPC.
Section 11 : Power of High Court to try offences committed or

offenders found outside jurisdiction.
A High Court shall have jurisdiction to inquire into or try a contempt of

itself or of any court subordinate to it, whether the contempt is alleged to
have been committed within or outside the local limits of its jurisdiction,
and whether the person alleged to be guilty of contempt is within or
outside such limits.
Section 12 : Punishment for contempt of court.
1) Save as otherwise expressly provided in this Act or in any other law, a

contempt of court may be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to
two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded
may be remitted on apology being made to the satisfaction of the Court.
21
Explanation.—An apology shall not be rejected merely on the ground that it

is qualified or conditional if the accused makes it bona fide.
2) Notwithstanding anything contained in any law for the time being in

force, no court shall impose a sentence in excess of that specified in sub-
section (1) for any contempt either in respect of itself or of a court
subordinate to it.
3) Notwithstanding anything contained in this section, where a person is

found guilty of a civil contempt, the court, if it considers that a fine will
not meet the ends of justice and that a sentence of imprisonment is
necessary shall, instead of sentencing him to simple imprisonment,
direct that he be detained in a civil prison for such period not exceeding
six months as it may think fit.
4) Where the person found guilty of contempt of court in respect of any

undertaking given to a court
is a company, every person who, at the time the contempt was
committed, was in charge of, and was responsible to, the company for
the conduct of business of the company, as well as the company, shall be
deemed to be guilty of the contempt and the punishment may be
enforced, with the leave of the court, by the detention in civil prison of
each such person:
 Provided that nothing contained in this sub-section shall render
any such person liable to such punishment if he proves that the
contempt was committed without his knowledge or that he
exercised all due diligence to prevent its commission.
5) Notwithstanding anything contained in sub-section (4), where the

contempt of court referred to therein has been committed by a company
and it is proved that the contempt has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of the contempt and the punishment may be enforced, with the
leave of the court, by the detention in civil prison of such director,
manager, secretary or other officer.
22
Explanation.—For the purpose of sub-sections (4) and (5),—

(a) “company” means any body corporate and includes a firm or other
association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Section 13 : Contempts not punishable in certain cases

Notwithstanding anything contained in any law for the time being in
force—
a) no court shall impose a sentence under this Act for a contempt of
court unless it is satisfied
that the contempt is of such a nature that it substantially interferes,
or tends substantially to interfere with the due course of justice;
b) the court may permit, in any proceeding for contempt of court,
justification by truth as a valid
defence if it is satisfied that it is in public interest and the request for
invoking the said defence is bona fide.
23
PROFESSIONAL ETHICS
Senior Advocate
 Sec.16 of the Advocates Act classifies the Advocates into two types
namely -- Senior Advocates and Other Advocates.
 The Supreme Court or a High Court shall designate an Advocate with
his consent, as Senior Advocate, if the court is of the opinion that by
virtue of his-- ability, standing at the Bar or special knowledge or
experience in the law , he deserves such distinction. It is an honour
and privilege conferred on an Advocate.
 By virtue of the pre-eminence which a senior Advocate enjoys in the
profession, they carry the greatest responsibilities and they should act
as a model to the junior members of the profession. A senior Advocate
more or less occupies a position like a Queen ’s Counsel in England next
after the Attorney General, the Solicitor General and the State Advocate
General.
 Each High court has framed their own rules of procedures for
designating an Advocate as Senior Advocate.
Restrictions on Senior Advocates : The BCI has prescribed the following

restrictions in the matter of practice of a Senior Advocate :
i. A senior Advocate shall not file a vakalatanama or a memo of
appearance or pleading or application in any court or tribunal or before
any person or authority mentioned in S.30 of the Act.
ii. A Senior Advocate in the Supreme Court shall not appear without an
Advocate on record in the Supreme Court.
iii. A Senior Advocate in the High Court shall not appear without an
Advocate of the state roll.
iv. He shall not accept instructions to draft pleading or affidavits, or to do
any drafting work of an analogous nature.
v. He shall not undertake conveyancing work of any kind whatsoever
vi. He shall not directly accept a case from a client or instructions from his
client to appear in any court or tribunal.
24
vii. He is free to make concessions or give undertakings in course of

arguments on behalf of his client on instructions from the junior
Advocate.
When an Advocate is designated as a Senior Advocate, the registrar of the
Supreme court or the High court, as the case may be, shall communicate it
to all the High courts and the secretary to the SBC and the BCI. In the
communication, the Name of the Advocate and the date on which he was
designated as the Senior Advocate should be mentioned.
STANDARDS OF PREFESSIONAL CONDUCT AND

ETIQUETTE
The word ‘ethics’ derived from the Greek word ‘ethos’. It means the
habitual mode of conduct. Professional ethics means a conduct written or
unwritten which prescribes the duties of a profession (legal Profession).
The legal Profession and the judiciary as a whole in all countries have been
honoured as the ‘pure fountain of justice’ and enjoys high esteem of
respect. In order to maintain the respect, lawyers have to follow certain
ethical regulations.
S.49(I) (C) of the Advocates Act, 1961 empowers the bar council of India to
make rules prescribing the standards of professional conduct and etiquette
to be observed by the advocates. The rules made by the Bar council shall
come into effect only when it is approved by the Chief justice of India.
Meaning of ‘ Etiquette ’ :
 The term etiquette is slightly different from the term ethics. It refers to
the pattern of behavior and the mode in which the person is required to
conduct himself. It springs from the long habit and custom.
 Etiquette consists of the following elements namely, elegance, dignity

and decency. The legal profession observe these things as an etiquette.
In order to protect the dignity of the profession the members must
observe the etiquette very strictly.
 The etiquette requires that an Advocate should behave himself as an
officer of the court, a privileged member of the community and a
gentleman.
25
Rules u/s 49(1)(c) of the Act read with proviso thereto.

The Standards of Professional Conduct and Etiquettes is mentioned in Ch.II
of Part VI of the Bar Council of India Rules. It contains 52 rules, which can
be divided under following heads :
Section Duty Rules

I Duty to Court 1-10
II Duty to Client 11-33
III Duty to Opponent 34-35
IV Duty to Colleagues 36-39
IV-A Residual Duties 40-44B
V Duty in Imparting Training 45
VI Duty to render Legal Aid 46
VII Restriction on Other employment 47-52
Duty to Court (Rule 1-10)
 An Advocate shall show the due respect to the court and shall never act
in any manner to undermine the confidence in the judiciary.
 He shall not exert or attempt to exert any personal influence on the
decision of the court, nor shall give any impression that he possesses
personal influence with the judge before whom he normally practices.
 He shall be always punctual in attending courts in the prescribed dress.
 He shall be fair and frank in the court proceedings.
 He shall not include any fact which he knows to be false in the pleadings,
petitions or affidavits.
 He shall not ask for any adjournment of a case without genuine reasons.
 He shall not communicate privately with the judges to influence them
relating to any pending case.
 He shall not speak ill of judges or use abusive remarks about them. But,
if the judge behaves improperly, it is not only the right but also his duty
to report it to the proper authorities.
 He shall not interrupt when the counsel for the other side or the judge is
speaking.
 He shall appear in the court in the prescribed dress and his appearances
shall always be presentable. He shall not wear bands or gown in the
26
public places.
 He shall not practice before a judge if he is related to him.
 He shall not act or plead in any matter in which he is pecuniary
(monetary) interested.
 He shall not appear for any organization, institution, society or
corporation if he is the member of the executive committee of such
organization, institution, society or corporation.
Duty to Client (Rule 11-33)
 An Advocate is bound to accept a case in the courts or tribunals where

he is normally practicing.
 He shall not withdraw from a case which he has already accepted
without sufficient reasons. He shall not withdraw from the case merely
because his fees has not been paid in full. He
shall withdraw from the case only after giving a reasonable notice to his
client. After his withdrawal he must refund such part of the fees which is
in excess in his hand.
 He shall not accept a case in which he has reason to believe that he will
be called as witness. If he already engaged in a case in which he is called
as a witness then he should return the case. But, if his retirement will
cause irreparable loss to the client then he can continue to appear as a
lawyer.
 He must make full and frank disclosures to his client relating to his
connection with the parties and his interest in the controversy which
may likely to affect his clients interest.
 He should fearlessly uphold the interest of his client by fair and
honourable means without the fear of any pleasant consequences to
himself or to any other person. He shall not refuse to appear for an
accused person merely because in his personal opinion the accused has
committed the offence.
 An Advocate appearing as a prosecution counsel shall be fair and shall
not conduct the prosecution with hostility to the accused to secure
conviction. He should not obstruct the defence counsel in placing the
relevant material evidence to prove the innocence of
27
the accused.
 He shall not disclose any matter communicated to him in his
professional capacity to any other person without the consent of his
client.
 He shall not be a party to fomenting of litigation.
 He should act at the instructions of his client and not at the instruction
of any other person
 He shall not stipulate a fee depending on the success of the case or
agree to share the proceeds of the litigation.
 He shall not buy or agree to share the interest of the litigation.
 He shall not directly or indirectly bid or purchase in his own name or in
any other name any property sold in execution of a decree in which he
was engaged as a lawyer.
 He shall not adjust fees payable to him by his client against his own
personal liability to the client.
 He shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by the client.
 He should keep regular accounts of the clients money entrusted to him.
The account should show the particulars of the amount received from
the client and the expenses incurred for him.
 He should maintain separate accounts for the amount received for the
fees and for the expenses. The amount received for the expenses shall
not be converted for fees without the consent of the client.
 Where any amount received on behalf of the client (either from the
court or from any other person) it should be intimated to the client as
early as possible.
 After the proceedings are over, he shall take the settled fee from the
client’s money in his hand and the balance, if any should be returned to
the client.
 If the Advocates fee is left unsettled, he shall take a reasonable fee from
the client’s money in his hand, after the proceedings are over.
 A copy of the clients account shall be furnished to him on demand.
 He shall not convert the client’s money in his hand as loan given to him
by the client.
 He shall not lend money to his client for the purpose of any legal
proceeding in which he is engaged as the lawyer. But, any amount given
28
to his client in an unanticipated emergency shall not be treated as beach

of this duty.
 An Advocate who has advised or prepared the pleadings or appeared for
a party in any suit or appeal shall not act, appear or plead for the
opposite party
Duty to Opponent (Rule 34-35)
 Rule 34 provides that an Advocate shall not in any way communicate or

negotiate upon the subject matter of dispute with the opposite party
directly. For any reasons, If we want to
communicate anything then it should be done through his Advocate.
 Rule 35 provides that an Advocate shall do his best to carry out all
legitimate promises made to the opposite party. Even if such promises
are not in writing or not enforceable under the rules of
the court, he must try his level best to perform his promises.
 He shall not use unfair and malicious tactics against the opponents.
 He shall not abuse the rules of evidence and the process of the court in
order to injure the opponent.
 He shall not make baseless attacks on the reputation of the opponent or
his witness or unduly harass them.
 He may make concessions to the convenience of the opponent and his
lawyer in fixing the date of trial.
Duty to Colleagues (Rule 36-39)

 An Advocate shall not enter appearance in any case in which there is
already an Advocate.
 He shall not in any way solicit cases by advertisement or otherwise.
 He shall not allow his name to be used by some other person for
unauthorized practice of law.
 He shall not accept a fee less than the fee chargeable under law.
 Rule 36 of Bar Council of India restricts the Advocates not to advertise
about the profession. This restriction is imposed because Advocate
profession is the noble profession.
29
Residual Duties (Rule 40-44B)
Duty in Imparting Training (Rule 45)
Duty to render Legal Aid (Rule 46)

 Justice is a great interest of man on earth and the lawyer is the high
priest in the shrine of justice. The quality of justice, to a great extent,
depends on the moral quality, integrity and fairness of the
lawyers. To develop their moral qualities, the lawyers must actively
participate in the legal and aid programs and give free legal services to
the poor and the needy people. This is one of the important duty an
Advocate owes to the society.
 If a lawyer personally knows that his client is unable to pay because of
poverty then he must represent the case without demanding any fees
from him.
 Similarly, when the court appoints a lawyer to defend an accused, it is
his moral obligation to accept such order and discharge his duties
towards the court and the accused by the best use of his
knowledge and ability.
 Lawyers shall co-operate and actively participate in joining hands with
the local area legal services Authorities in organizing Lok Adalats and
Legal Aid programs and conciliation proceedings
Restriction on Other employment (Rule 47-52)
 Bar council of India Rule-40 restricts the Advocates not to personally

engage in any other business other than the legal profession. The reason
for this restriction is that he should fully concentrate in the legal
profession and elevate it to the high stand . If he is allowed to do
other business then that may lower down the standard of this
profession.
 If he join as a full time salaried employee either in the Government or in
the private sector he must request the Bar Council to remove his name
from the Advocates Roll.
30
Exceptions : Though there is general restriction on other employment,

there is no restriction for engaging himself in the following works :
 He can be a Sleeping partner in a business, if in the opinion of the
State Bar Council that business is not inconsistent with the
profession.
 An Advocate who has inherited a family business shall continue it,
but he shall not personally participate in the management of the
business.
 He shall engage himself in writing Law Books.
 He shall join as a part-time Law Teacher or any other part –time job
which may not be inconsistent with the legal profession. The part-
time job should not exceed more than 3 hours in a day.
 He shall prepare question papers for the Exams.
 He shall review parliamentary Bill for a remuneration.
 He shall act as a member of the parliament or Member of the State
Assembly
 He shall study Post Graduate course in Law without suspending
his practice.
31
Professional Misconduct
Misconduct means dereliction of duty. Professional misconduct means
dereliction of duty relating to Legal profession. Under Sec. 35 of the
Advocates Act, an Advocate is punishable not only for professional
misconduct but also for other misconduct.
Other misconduct means a misconduct not directly connected with the legal
profession. Professional misconduct arises as a result of serious dereliction
of duties to the court, to the client, to the opponent, to the colleagues, to the
profession, to the public etc.
Examples :
 Making false allegation against judicial officers.
 Deliberately lodging groundless criminal complaint.
 Making groundless and insulting charges against witness.
 Refusing to accept a case without justification.
 Attending court proceedings in drunken state.
 Attempting to influence judicial officers for favour.
 Carrying on other trade or business.
 Committing crimes ; Financing litigation.
 Obtaining client’s signature on blank papers.
 Shouting slogans or holding demonstration in front of the court.
 Approaching investigative officers for favour during investigation of case
 Tampering with the witness
 Suggesting the client to bribe the presiding officer.
 Moving application before any court or authority before informing that a
similar application has been presented/rejected before any authority .
 Accepting a case against the client from the opposite party.
 Failure to appear in proceedings of a case without any sufficient reason.
 Retaining the judgement of the trial court with the intention of getting
himself engaged in appeal
 Presenting the plaint with insufficient court fee stamp, when the
client has given money for the court fee.
 Alleging partiality against presiding officer in open court.
 Tampering with records and documents.
 Writing letters to persons for soliciting cases.
 Advertising about his profession.
 Taking advantage of the ignorance and illiteracy of the clients
32
 Misappropriation of decreed amount payable to the client.

 Giving wrong advice to the client.
 Taking money from the client for the purpose of giving bribe.
 Suppression of truth.
 Changing sides.
 Indecent cross examination.
 Committing contempt of court.
 False identifications of deponents
 Gross negligence involving moral turpitude.
 Appearing without authority i.e. On forged vakalath.
 Failure to attend the trial.
 Attesting forged affidavit.
 Abstaining from appearing in court due to strike by Bar association.
 Misleading the court resulting in erroneous order.
Punishment for misconduct

The Disciplinary committee(D.C.) of the State Bar Council(SBC) after
hearing the Advocate concerned and the Advocate General, comes to the
conclusion that the misconduct is proved that it may pass any of the
following orders, namely :
1. Reprimand the Advocate.

2. Suspend the Adv. from the practice(for such period as it thinks fit)
 Such advocate shall not practice in any court or tribunal or any
authority or person during the suspended period.
3. Remove the name of the Advocate from the Advocates Roll.
 only in the cases where the misconduct is of such nature that the
Advocate is unworthy of remaining in the profession.
Punishment may be awarded depending on the gravity of misconduct

established against him.
Where notice is issued to the Advocate general, he may appear before the
disciplinary committee in person or through any Advocate appearing on his
behalf. If the misconduct is not proved beyond reasonable doubt then the
disciplinary committee shall dismiss the petition.
33
Remedies against the order of punishment
1. Appeal to the Bar Council of India (Sec. 37):

 Any person aggrieved by the order of the disciplinary committee of
the SBC, or the Advocate general of the State may within 60 days
from the date of the order may prefer an appeal to the BCI .
 The appeal shall be filed in person or through by Advocate or by
registered post. He must submit 5 copies of appeal memorandum
along with the attested copy of the order of the SBC .
 Such appeal shall be heard by the disciplinary committee of the BCI
and after hearing it may pass any order it deems fit ie., it can confirm.
The order of the SBC, or increase or reduce the punishment, or totally
remove the punishment.
2. Appeal to the Supreme Court :

 Any person aggrieved by an order made by the Disciplinary
committee of the BCI, or the Attorney General of India may within 60
days from the date of order prefer an appeal to the Supreme court.
 The Supreme Court after hearing the parties concerned shall pass
any order as it thinks fit.
 Normally, the Supreme court will not interfere with the concurrent
findings of fact by the disciplinary committee of the BCI and SBC. If
the finding is based on no evidence then the court will examine it.
3. Stay of the order:

 For the convenience of filing an appeal against the order of the SBC or
BCI, the aggrieved party can file an application before the concerned
Bar Council which has passed the order to stay the order still appeal
is filed. If genuine grounds are there then the concerned Bar Council
can stay the order.
 Similarly, after filing the appeal before the BCI or before the Supreme
Court, the aggrieved party can ask for the stay of the order still the
disposal of the appeal. If the genuine grounds are there then the Bar
Council or Supreme Court shall stay the order still the disposal of the
appeal.
34
NOTE : Review of its own order by the State Bar Council (SBC)
 According to Sec.44, the Disciplinary committee of a SBC is

empowered to review its own order either on its own motion or an
application by the aggrieved party within 60 days from the date of
order.
 In the review proceedings also the SBC will hear the concerned
parties before making any order.
 Any order passed in review by the DC of SBC shall have effect only
when it is approved by the BCI.
 The Disciplinary committee of the BCI has no power to review its
own order (Sec.48 AA).
Disciplinary Committee of the State Bar Council
Organisation:
 Sec.9 of the Advocates Act empowers the SBC to constitute one or
more DCs.
 Each DC shall consists of 3 members.
o Two shall be selected from the members of the Bar Council and
one shall be selected from the Advocates who are having more
than 10 years of standing in profession.
o Among the three members the senior most in the profession
shall act as the ‘chairman’ of the committee.
Powers :
 Sec.42 of the Advocates Act deals with the power of DC.
 It provides that the DC of SBC shall have the same powers same like
the civil court under the C.P.C. in respect of the following matters.
i. Summoning and enforcing the attendance of any person and
examining him on oath.
ii. Requiring discovery and production of any documents.
iii. Receiving evidence on affidavit.
iv. Requiring any public record or copies of any record from any
court or office.
v. Issuing commissions for the examinations of witness or
documents.
35
 DC has no right to require the attendance of the following persons:

i. Any presiding officer of the court.
ii. Any officer of the revenue court.
 A presiding officer of a court shall be summoned to attend the
proceedings of the DC with permission of the High Court and an
officer of the revenue court shall be summoned with the
permission of the State Govt.
 All the proceedings before the DC of a Bar Council shall be deemed to
a judicial proceedings within the meaning of S.193 & 228 of I.P.C and
every such disciplinary Committee shall be deemed to be a civil court.
Enquiry Procedure:
 The main function of the DC of the Bar Council is to enquire the
complaints of professional misconduct against the Advocates award
suitable punishments. In the enquiry the following procedures
prescribe under Sec.35 of the Advocates Act should be followed.
 On perusal of the complaint, if the Bar council is satisfied that it
is a fit case for enquiry then the complaint shall be referred for
enquiry to the DC.
 The DC shall fix a date for enquiry and shall send notice to the
concerned Advocate and the Advocate General of the State.
 The Advocate charged with the professional misconduct shall
appear in person or through the Lawyer. Similarly, the
advocate general also appear in person or through a lawyer.
 The DC should complete the enquiry proceedings within one
year from the date of receipt of the complaint. Due to any
reason, if the enquiry was not completed within one year then
the complaint should be referred to the BCI for its disposal.
 During the pendency of the enquiry if the term of the DC comes
to an end then the successor committee shall continue the
enquiry.
 After the enquiry due to the lack of majority opinion or
otherwise if the DC was unable to take a final decision then
they shall seek the opinion of the chairman of the bar council
and shall pass the final order following his opinion.
36
Disciplinary Committee of the Bar Council of India (BCI)
Organisation: (Same as the DC of SBC)
Enquiry Procedure : (same as DC of SBC)
Powers:
1. It shall enquire the charges of the professional misconduct against
Advocates whose name is there in the roll of any of the SBC.
2. Enquire the complaints in which the DC of SBC has not completed the
enquiry within 1 year from the date of receipt of the complaint.
3. Hear the appeal against the order of the SBC.
4. Allowing the SBC to review its own order.
5. Powers like a civil court.
Transfer of proceedings from the SBC to BCI
 If the SBC after verification is satisfied that the charges of

professional misconduct is a fit case for enquiry, then it shall refer it
to the DC for the enquiry.
 The DC must complete the enquiry proceedings within 1 year from
the date of receipt.
 The main object of putting a time bound enquiry is speedy
disposal of the cases.
 Due to any reason, if the enquiry was not completed within a
year  complaint should be transferred to BCI for enquiry. The
transfer should be made suo-motu by the SBC (Sec.36 B).
 The complaints so transferred shall be enquired by the DC of the BCI
and pass suitable orders as it thinks fit.
 There is no time limit for the BCI to complete the enquiry.
37
ACCOUNTANCY FOR LAWYERS
Purpose :
 A business enterprise must keep a systematic record of its daily
transaction. It is a legal duty. It helps to know where its stand and
adjudge its performance. This systematic recording of transactions is
known as accounting. Since legal profession is a trade, lawyers are
under
duty to maintain systematic accounts relating to the profession.
 The basic purpose of accounting is to present a complete financial
picture of the Advocates profession. This can be done with the help of
two financial statements like:
o Profit and Loss Account
o Balance sheet (showing the assets and liabilities)
 It is necessary to maintain proper accounts to calculate the following :
o Annual income of advocate
o Income Tax (also need to maintain A/c to calculate the expenses
to be deducted from income before calculating the tax on income)
o Professional Tax (to be paid every 6 months to the Govt.)
o To ascertain amount due to/on client.
Place of keeping accounts books : The accounts books and documents

relating to the accounts should be kept and maintained by the advocate --
(i) At his office.
(ii) Where he is carrying on the profession more than one office, then at his
head office. But accounts can also be maintained separately for each branch
at the respective branch office.
Penalty for not keeping Account Books: A Lawyer who is legally liable to
maintain account books, fails to maintain it or fails to retain it for the
prescribed period (cash book and ledger-16 years, other books-8 years) is
liable to pay penalty ranging from Rs.2000/- to 1,00,000/- ... (Sec.271 A ).
38
Bar Council Rules relating to Accounting
‘Accounting’ : is an art of recording, classifying and summarizing in a

significant manner the event which are financial in character and
interpreting the result there of .
An Advocate is under a duty to maintain proper accounts of money

received from his client and the amount received on behalf of client from
others or from the court. The rules relating to such accounting is dealt in
Rules 25 to 32 of the BCI Rules, 1975 ---
 Rule 25: An advocate should keep the accounts of the client’s money
entrusted to him. The accounts should show the amounts received
from the client, the expenses incurred for him and the debits made on
the account of Advocate fees with the respective dates and all other
necessary particulars.
 Rule 26 : Where moneys are received from the client, it should be
entered whether the amount have been received for the advocates
fees or expenses. Amount received for the expenses shall not be
diverted towards Advocates fees without the consent of the client in
writing.
 Rule 27: Where any amount is received on behalf of his client the fact
of such receipt must be intimated to the client as early as possible.
 Rule 28 : After the completion of the proceeding, the advocate shall
be at the liberty to take the settled fee due to hi to the unspent money
in his hand.
 Rule 29: Where the fee has been left unsettled, the advocate shall
take the fees which he is legally entitled from the moneys of the client
remaining in his hands, after the completion of the proceeding. The
balance shall be returned to the client.
 Rule 30: A copy of the client account shall be furnished to him after
getting the necessary copying charges from him.
 Rule 31: An advocate shall not make any agreements whereby
client’s funds in his hands are converted into loans to the advocate.
 Rule 32: An Advocate shall not lend money to his client for the
purpose of conducting the case.
39
Rules Relating to Accounting Under Income Tax Act
Under the Income Tax Act, every lawyer is required to maintain the
following books of accounts and other documents to enable the Assessing
Officer to calculate his total income:
 Cash book
 Receipt Voucher
 Payment voucher
 Journal
 Ledger : For each and every client separate pages shall be allotted in
this ledger and separate account shall be maintained for them.
o Fees A/c
o Rent A/c
o Salary A/c
o Printing & Stationary A/c
o Postage & Telegram A/c
o Conveyance Charges
o Office Miscellaneous Charges
40

Ethics Notes (By Abhishek Yadav)

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Compiled by : Abhishek Yadav (Student , Campus Law Centre)

Advocates Act, 1961

(quick reading from case material)

”Seven Lamps of Advocacy”

Honesty  Honesty is the most important quality that an advocate should

Courage It is the duty of an Advocate to fearlessly uphold the interest of

Industry It means hard work. Hard works is absolutely necessary for an

Judgement : It means the ability to come to a sensible conclusion and make

ADVOCATES ACT, 1961

Entry 77 & 78 in List-1, empowers Parliament to prescribe, inter alia, the

Section 4 : Bar Council of India

Sec. 4(1A) No person shall be eligible for being elected as a member of

Sec. 4(2) There shall be a Chairman and a Vice-Chairman of the Bar

Sec. 4(2A) A person holding office as Chairman or as Vice-Chairman of

Section 5 : Bar Council to be Body Corporate

 Every Bar Council shall be a body corporate having perpetual succession

Section 6 : Functions of State Bar Councils (SBCs)

Sec. 6(1) The functions of a State Bar Council shall be:

Section 7 : Functions of Bar Council of India (BCI)

Sec. 7(1) The functions of the Bar Council of India shall be –

Chapter III : Admission and Enrolment of Advocates

Section 16 : Senior and Other Advocates

Sec. 16(1) There shall be two classes of advocates, namely, senior

Sec. 16(2) An advocate may, with his consent, be designated as Senior

Sec. 16(3) Senior advocates shall, in the matter of their practice, be

Provided that where any such senior advocate makes an

Section 17 : State Bar Councils(SBCs) to maintain roll of advocates

Sec. 17(4) No person shall be enrolled as an advocate on the roll of more

Section 22 : Certificate of Enrolment

Sec. 22(1) There shall be issued a certificate of enrolment in the

Section 24 : Person who may be admitted as an advocate on state roll

to that effect from such authority as may be

Sec. 24(2) Notwithstanding anything contained in sub-section (1), [a

Sec. 24(3) Notwithstanding anything contained in sub-sec.(1), a person

Section 24A : Disqualification for enrolment

Sec. 24A(1) No person shall be admitted as an advocate on State roll if

Explanation.—In this clause, the expression “State” shall

Provided that the disqualification for enrolment as aforesaid

Sec. 24A(2) Nothing contained in sub-section (1) shall apply to a person

Section 26A : Power to remove names from roll

Chapter IV : RIGHT TO PRACTICE

Section 29 : Advocates to be the only recognised class of persons

Section 30 : Right of advocate to practice

Subject to provisions of this Act, every advocate whose name is entered in

Section 33 : Advocate alone entitled to practice

Chapter V : CONDUCT OF ADVOCATES

Section 35 : Punishment of advocates for misconduct

Sec. 35(1) Where on receipt of a complaint or otherwise, a SBC has

Sec. 35(4) Where an advocate is suspended from practice under clause

Sec. 35(5) Where any notice is issued to the Advocate-General under

Explanation.— In this section, [section 37 and section 38], the expressions

Section 36 : Disciplinary powers of Bar Council of India(BCI)

Sec. 36(1) Where on receipt of a complaint or otherwise, the BCI has

Sec. 36(2) Notwithstanding anything contained in this Chapter, the

Sec. 36(4) In disposing of any proceedings under this section, the

Section 37 : Appeal to the Bar council of India(BCI)

committee of the SBC)] thereon as it deems fit:

Provided that no order of the disciplinary committee of the

Section 38 : Appeal to Supreme Court

Any person aggrieved by an order made by the disciplinary committee of

Provided that no order of the disciplinary committee of the BCI shall be

Contempt of Court Act, 1971