LL.B.

(Three years course) V th Semester

Professional Ethics and Court Craft

UNIT 1
Syllabus
Historical development of Legal Profession in India.

Constitution, Function, Powers and Jurisdiction of State Bar Council

Constitution, Function, Powers and Jurisdiction of Bar Council of India

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Admission and enrolment of Advocates.

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Lecture-1
Historical development of Legal Profession in India.

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You Tube Video https://www.youtube.com/watch?v=jTLiSQpNaVQ

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Previous Year Questions of Lucknow University Based on this topic
Q1-Describe the development of legal profession in India? (2013)
Notes

Development of Legal Profession in India:

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Development of the legal profession In India can be divided into four phases:
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 Legal Profession in Ancient India:
 Legal Profession was not well organized.
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 Courts derived their authorities from King.

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 King was the judge and superior power.

 Dharma and Nyay Shastra was the base of justice.
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 Legal Profession in Medieval India:

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 The term Vakeel was introduced.

 Courts were divided into-
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 Zilla Court and Dewanee Court

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 Legal Profession in British India developed by following steps

1.Charter of 1726:
 The mayor's courts were established in the presiding towns of Bombay, Calcutta, and
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Madras, they were the royal courts.

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2.Charter of 1753:
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It was issued to modify the charter of 1726.

3.Charter of 1774:
 Mayor’s court were abolished.
 Supreme Court was established at Madras ,Calcutta,Bombay

4.Indian High Courts Act, 1861:

Under this act, The British Crown issued the Charter to establish one High Court in each
presidency town.
5.Legal Practitioners Act, 1879:
It was enacted to consolidate and amend the law relating to legal practitioners.

 Legal Profession In Independent India:

 All India bar Committee, 1951:
All India Bar Committee was constituted under the chairmanship of Justice S.R. Das.
 The committee in its report recommended the establishment of an All India Bar Council
and State bar Council.
 It recommended the powers of enrollment, suspension, or the removal of advocates to
the Bar Council.
Advocates Act, 1961:

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The central government enacted the Advocates Act in 1961.
 This act has been in force in entire India.
 It brought revolutionary changes in the legal profession in India.

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ASSIGNMENT

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Q1-In how many stage the development of legal profession in India can be divided?
Q2-In which year first charter came in British India?

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Q3-In which year All India bar Committee was formed?

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Q4-When was Advocates Act was enacted?
Q5-How many total charters came mention them with year?
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 LL.B.(Three years course) V Semester
Professional Ethics and Court Craft

UNIT1
Lecture-2
Constitution, Function, Powers and Jurisdiction of State Bar Council

You tube Linkhttps://www.youtube.com/watch?v=3hVYZHGzxNs

Previous Year Questions of Lucknow University Based on this topic

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Q1- Constitution of State Bar Council ?
(2011),(2014),(2015)
Q2-What do you mean by “State Bar Council”?

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Q3- What is its composition, functions and powers? (2016)
Notes

 Constitution of State Bar Council

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 The State Bar Council are established under section 3 of the The Advocate Act, 1961.
 There are total 18 State Bar Council in India.

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 State of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh

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have their common state Bar Council.
 Punjab and Haryana also have common State Bar Council.


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Advocate General of the State, ex officio
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 A State Bar Council shall consist of the following members namely:—
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 A Chairman and a vice chairman

 Functions of State Bar Council

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 General functions -
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Section 6(1) of the Advocate Act 1961 makes provisions for functions of the State Bar Council.
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(1) to admit persons as advocates on its roll;

(2) to prepare and maintain such roll;
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(3) to entertain and determine cases of misconduct against advocates on its roll;
(4) to safeguard the rights, privileges and interests of advocates on its roll;
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(5) to promote the growth of Bar Associations for the purposes of effective implementation of
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the welfare schemes

(6) to promote and support law reform;
(7) to organise legal aid to the poor in the prescribed manner;
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 To Issue Certificates of Enrollment

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 To Maintain Roll of Advocates

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 Powers of State Bar Council

 Power to make rules

The State Bar Council has been empowered to make rules to carry on the purposes of section
16 to Section 27 of the Advocate Act, 196, dealing with the admission and enrollment of
advocate
 Power to punish Advocate
The State Bar Council has Power to punish an advocate for professional misconduct.
The Disciplinary Committee of the State Bar Council may make any of the following order -
(a)dismiss the complaint
(b) suspend the advocate
(c) remove the name of the advocate from the State roll of advocates.
 To appoint Committees and Staff Members A bar Council establishes disciplinary
committee, Executive Committee, Enrollment Committee, etc.
 d) To Maintain Accounts and Conduct Audit

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Every Bar Council shall cause to be maintained books of accounts and other books in
manner as may be prescribed.

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ASSIGNMENT

Q1-Constitution of State Bar Council Of India is provided under which Act?

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Q2-Under which section constitution of State Bar Council are mentioned?

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Q3-Mention any two functions of State Bar Council of India?

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Q4-Under which section functions of state Bar Council are mentioned?
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Q5- Under which section powers of state Bar council are mentioned?
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Q6- Mention any two powers of State Bar Council of India?
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 LL.B (Three years course) V Semester
Professional Ethics and Court Craft

UNIT1
Lecture-3
Constitution, Function, Powers and Jurisdiction of Bar Council of India

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You Tube Video https://www.youtube.com/watch?v=UBxrDLNW5IM

Previous Year Questions of Lucknow University Based on this topic

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Q1- Constitution of Bar Council of India? (2011),(2014)
Q2-Discuss the constitution and function of Bar Council of India? (2012),(2013),(2015)(2017)

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Notes
 Introduction

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 The Bar Council of India (BCI) is a statutory body that regulates and represents the

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Indian Bar.
 It was established under section 4 of the Advocates Act, 1961.
 The head quarter of BCI is in New Delhi.
 It is headed by the Chairman and Vice-Chairman.
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 BCI was made to prescribe a standard of professional conduct, etiquette and exercise
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disciplinary jurisdiction.
 BCI comes under the domain of Ministry of Law and Justice, Government of India and it
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is a corporate body
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 Constitution of Bar Council of India

Section 4 (1) of the Advocate Act 1961 provides that there shall be a Bar of the following
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members —
1.The Attorney-General of India, ex officio;
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2.The Solicitor-General of India, ex officio;

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3.One member elected by each State Bar Council from amongst its members.
 Functions of Bar Council of India
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The functions of Bar Council of India are stated under Section 7 of the Advocate Act, 1961.
1. Advocates – BCI lays down standards of professional conduct and etiquette for
advocates and BCI also safeguards the rights, privileges, and interests of advocates.
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2. State Bar Council– BCI lays down the procedure to be followed by its disciplinary
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committee and the disciplinary committee of each State Bar Council.

3. Recognition- BCI recognizes Universities whose degree in law shall be a qualification for
enrolment as an advocate and for that purpose to visit and inspect Universities.
4. BCI promotes and supports law reforms and also gives suggestions or
recommendations.
5. Legal Education– BCI promotes legal education and lays down standards of such
education in consultation with the Universities in India imparting such education
6. Funds– BCI manages and invests in the funds of the Bar Council. Through this fund BCI
gives financial assistance to organize welfare schemes for poor, disabled, or other
advocates.
7. Elections– BCI conducts elections regularly to elect its members who shall run the Bar
Councils.

 Powers of Bar Council of India

 Legal Education Committee Has the power to make recommendations to the council for
laying the standard of legal education.
 Disciplinary Committee BCI hears an application for revision by persons against
summary dismissal of their complaints against advocates for professional misconduct,
by the state bar councils.

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 Executive Committee
Deals with all the questions related to the management of funds, affairs of the staff, allotment
of work, audit, accounts, library, and legal publications delegation.
 Advocate Welfare Committee

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The Advocates Welfare Act, 2001. This committee looks after the application procedure made
by advocates for welfare funds. It also verifies their application and provides the fund.
 Legal Aid Committee

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Has the power to offer services to the poor, who cannot afford the services of a lawyer
ASSIGNMENT

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Q1-Constitution of Bar Council Of India is provided under which Act?

Q2-Mention any two functions of Bar Council of India?

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Q3- Under which section powers of Bar council of India are mentioned?
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Q4- Mention any four powers of Bar Council of India?
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Q5-Mention any four functions of Bar Council of India?

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 LL.B (Three years course) V Semester
Professional Ethics and Court Craft

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UNIT-1
Lecture-4
Admission and enrolment of Advocate

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You tube Video https://www.youtube.com/watch?v=C_n53FNA1qk

Previous Year Questions asked in Lucknow University based on this topic

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Q1- Qualification for enrolment as Advocate?

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(2017)

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Q2- Disqualification for registration as an Advocate?
(2012)
Q3-What is certificate of Enrolment?
(2011)
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Notes
 A person who wants to enroll as an advocate needs to qualify some requirements
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under Section- 24 of Advocates Act, 1961.

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 The person must be a citizen of India

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 The person must complete the age of 21 years.

 The person must obtain a law degree.
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 The person has to fulfill the other requirements and conditions specified in the rules
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made by the State Bar Council.

 The person has to pay the required stamp duty fees chargeable under the Indian Stamp
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Act, 1989 for enrollment

 Disqualification of enrolment
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Section 24 A provides for enrolment disqualification and, accordingly, The following people are
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ineligible to become Advocates.

 A person who has been convicted of a moral turpitude violation.

 A person convicted under the Untouchability (Offenses) Act of 1955.
 A person who has been fired or removed from government employment due to an
accusation of moral turpitude. The disqualification becomes null and void two years
after his release from prison or removal from service.
  A person found guilty in the foregoing instances and receiving benefits under the
Probation of Offenders Act, 1958 is not disqualified.
If an application for enrolment is denied on any of the aforementioned grounds of
disqualification, the State Bar Council must notify all other State Bar Councils of the fact,
including the applicant's name, address, and reasons for denial, and he will be barred from
applying for enrolment.

 Certificate of Enrolment
 According to Section 22 of the Advocates Act 1961 there shall be issued a certificate
of enrolment in the prescribed form by the State Bar Council to every person.
 And the name of such persons is entered in the roll of advocates maintained by it

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under the Act.

ASSIGNMENT

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Q1-What are the five qualifications required to enroll as an Advocate?
Q2-What are the three conditions of disqualification in the enrollment process?

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Q3-Under which Act enrollment is to be done?
Q4- Which section of the Advocates Act deals with disqualification of Advocates?

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Q5- Certificate of enrolment is issued under which section and by which authority?

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LL.B. (Three years) V- Semester

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Professional Ethics and Court Craft

UNIT -2

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Syllabus
Professional Ethics

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Profession ethics and Advocacy, Standards of Professional

Conduct and Etiquette, Conflict between interest and duty,

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Duty to court, Duty to Client, Duty to opponent, Duty to Colleagues,
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Duty towards Society and Obligation to Render Legal Aid
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Lecture-1
Profession ethics and Advocacy, Standards of Professional Conduct and Etiquette
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You tube Video https://www.youtube.com/watch?v=i0vloFDzunA

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https://www.youtube.com/watch?v=4FNC12QZ410
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Previous Year Questions of Lucknow University Based on this topic

Q1-What do you understand by ‘Professional ethics’?
(2013)(2015)(2017)
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Notes
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Definition:
 Professional ethics means an ethical code governing the conduct of persons engaged in
the practice of law as well as persons engaged in the legal sector.
 Professional ethics are principles that govern the behavior of a person or group in a
business environment.
 Professional ethics provide rules on how a person should act towards other people and
institutions, professional ethics are often codified as a set of rules, which a particular
group of people use.
 Bar Council of India Rules Chapter II, Part VI deals with standards of professional
 conduct and Etiquette.
 Section 49(l)(c) of the Advocates Act, 1961, also deals with the standards of
professional conduct and etiquette to be followed by advocates.
Standards of Professional Conduct and Etiquette:
There are some universal ethical standards that apply across all professions, including:
 Honesty
 Trustworthiness
 Loyalty
 Respect for others
 Adherence to the law
 Doing good and avoiding harm to others

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 Accountability
Professional codes of conduct provide various benefits:
 Code of conduct build confidence in the profession’s trustworthiness.

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 They provide greater transparency and certainty to the Clients about how their affairs will
be handled.
 Helps members of the profession, as they provide a supporting framework for resisting

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pressure to act inappropriately.

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 These codes provide better understanding of the profession as a whole, as they provide

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a common understanding of acceptable practice and allows for fairer disciplinary
procedures.

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By practicing these professional codes the profession will be seen as more reliable and
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easier to deal with.
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ASSIGNMENT

Q1- What do you understand by Professional Ethics. Define in two points?

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Q2-What are the six universal ethical Standards?

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Q3-What are the benefits of professional code of conduct? Mention any four?
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Q4- Mention two provisions related to standards of professional conduct under Bar Council of
India and Advocates Act 1961?
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 m
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LL.B. (Three years course) V Semester
Professional Ethics and Court Craft

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UNIT -2
Lecture-2

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Conflict between interest and Duty to court, Duty to Client
You tube Video https://www.youtube.com/watch?v=UuG0nXvjWoM
https://www.youtube.com/watch?v=5wLKEPv4DIE
Previous Year Questions asked in Lucknow University
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Q1-“The relation between an advocate and his client is fiduciary” Discuss with reference to the
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provisions pertaining to duty of an advocate towards his client.
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(2012)(2017)
NOTES
Conflict between interest and duty:
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 A conflict of interest is a situation in which someone is in a position of trust. Like

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Advocates, Doctor etc.

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 Such professionals can not break the trust of other party for their personal interest.
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 Such interests can make it difficult to fulfill his or her duties impartially.
 A conflict of interest exists even if no unethical or improper act results from it.
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 A conflict of interest can create distrust in the person, profession, or court system.
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Advocates Duty towards Court:

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 The Bar Council of India prescribes certain duties in Chapter II that an advocate must
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fulfill. They are as follows:

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 An advocate must act in a dignified manner.

 An advocate must maintain a respectful attitude while at court and shall respect the
dignity of the judicial office.
 He should not to communicate in private with any judicial officer.
 An advocate refuse to act in an illegal manner towards the opposition.
 An advocate shall have his own sense of judgment and mustn’t use strong language in
the court of law.
  He should always appear in proper dress code.

 He should always refuse to appear in front of relations.

 He should not to wear bands or gowns in public places.

 He should not represent establishments of which he is a member.

 An advocate should not appear in matters of pecuniary interest.

 An advocate should never stand as surety for the client.

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Advocates Duty towards Client

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 Just as an advocate owes duty towards the court he/she is also obligated to follow Rule
11 to Rule 33 that prescribes an advocate’s duties towards his client. They are as
follows:

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 An advocate is bound to accept briefs.

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 An advocate can not to withdraw from service in the middle of the matter.

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 An advocate is not allowed to appear in matters where he himself is a witness.
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 An advocate should give full and frank disclosure of the matter to his client.
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 An advocate should always uphold interest of the client.
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 An advocate should not suppress any material or evidence related to the case.
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 An advocate should not disclose the communications between the client and himself.
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 An advocate should not charge depending on the success of matters.

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 An advocate must not lend money to his client.

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 An advocate should never appear for opposite parties.

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ASSIGNMENT
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Q1-Expliane in points the concept of conflict between interest and duty?

Q2-Mention six duties of advocates towards court?

Q3-Mention six duties of advocates towards client?

Q4-Provisions related to advocates duty towards court and client are provided under which rules?
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LL.B. (Three years course) V- Semester

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Professional Ethics and Court Craft

a

UNIT -2
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Lecture-3
Duty to opponent, Duty to Colleagues
You Tube Video -https://www.youtube.com/watch?v=N6HXAjb4huk
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Previous Year Questions of Lucknow University Based on this topic

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Q1-Discuss the duties of an advocate towards opponents?

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(2015)

NOTES
The Bar Council of India prescribes certain duties in Chapter II that an advocate must fulfill.
These duties are:
 Duty to the court
 Duty to the client
 Duty to the opponent
  Duty to the colleague
 Duty to the society

Duties of an advocate towards his opponents are as follows:

 Section – III of Chapter II of Bar Council of India Rules laid down the duties of an
advocate towards his opponent.
 An advocate shall not in any way communicate or negotiate upon the subject matter of
controversy with any party represented by an Advocate except through that Advocate.
 An Advocate shall do his best to carry out all legitimate promises made to the opposite

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party even though not reduced to writing or enforceable under the rules of the court.
 An advocate shall not mislead an opponent, regarding any point in this case.

Duties of advocates towards his Colleagues:

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 Section – IV of Chapter II of Bar Council of India Rules laid down the duties of an
advocate towards his colleagues.

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 An advocate shall not solicit work or advice directly or indirectly through Mass
Communication.

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 An advocate shall not pursue his profession in spirit of competition or rivalry.

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 An advocate should be courteous to opposing Counsel and should accede to reasonable
request regarding Court proceedings.

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An advocate shall not enter appearance in any case in which there is already a
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Vakalatnama or Memo of appearance filed by an advocate engaged for a party expect
with his consent.
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 An advocate does not envy another advocate who attains to position and rank and
earns well.
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 An younger advocate must be cordial in relationship and pay respect to senior advocate.
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 An advocate shall be ready to give help and advice to brother members.

 An advocate shall strive at all the levels aid the legal profession in advancing the
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standard of members of profession.


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An advocate shall not accept a fee less than taxable under the rules when the client is
able to pay the same.
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 An advocate shall not permit his professional services or his name to be used in aid or to
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make possible, the unauthorized practice of law by any agency.

Thus Advocate should maintain their high traditions of Fearless Independence, probity
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and integrity, and live up to their noble ideals and dedicated lives for the truth, and
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Justice, and also for good of the common man.

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ASSIGNMENT

Q1-Mention three duties of advocates towards his opponents?

Q2-Mention any seven duties of advocates towards his colleagues?

Q3-Duties towards opponent and colleagues are given under which chapter and under which
section of the Bar council of India?

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LL.B.(Three years course) V Semester

Professional Ethics and Court Craft
L

UNIT -2
Lecture-4
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Duty towards Society, Obligation to Render Legal Aid

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You Tube Video -https://youtu.be/7ooRhchtZ7s

https://www.youtube.com/watch?v=5wLKEPv4DIE
Previous Year Questions of Lucknow University Based on this topic
Q1- What are the duties of lawyers to the society and free legal aid?
(2015)

NOTES
Advocate Duty towards Society:
An advocate is a privileged member of the community and a gentleman beside being a
citizen. He has greater responsibility to protect the country and lead the community.
 An advocate shall endeavor to make the laws suitable to the well being of the people.

 An Advocate shall guard the liberty and freedom of the people.

 An advocate should strive for social legislation's to accelerate the advent of socialistic
pattern of society in India by dedicating to the public service.

 An advocate shall educate the people to respect the law and respect for the courts and
the judges.

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 An advocate shall establish Legal Aid Societies for the purpose of rendering legal
assistance to really poor and deserving persons free of any charge .
 An advocate shall help the people local bodies such as panchayats in villages to

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function on sound lines, so that the people may discharge their functions in an
enlightened and responsible manner.

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An advocate shall provide Legal education to the illiterate and working people by
informing them for the rights and legal provisions in simple language.

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 An advocate shall compose family differences and Settle petty Disputes and

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controversies by amicable settlement.


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An advocate shall work with social welfare committees to promote social order in which
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justice political economic and social will be assured to the society.
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Advocates Duty to Render Legal aid:

 Legal aid is a concept in India wherein, the people who are economically weak in society
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or live in rural areas where they don’t have an access to courts are provided with legal
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assistance.
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 Persons who are entitled to free Legal services –

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 A member of a scheduled caste or scheduled tribe.

 A victim of trafficking in human beings or bear or beggar as referred to in Article 23
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of the Constitution.
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 A women or a child,
 A mentally ill or otherwise disabled person.
 An industrial workman.
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 disaster , ethnic violence violence, caste atrocity, flood, drought, earthquake or

industrial disaster.

According to Advocate Act 1961:

 Rule 46 of Section VI of Chapter II of Part VI of Bar council of India Rules makes it clear
that Every Advocate shall in the practice of the profession of law bear in mind that
any one genuinely in need of a lawyer is entitle to legal assistance even though he can’t
pay for it fully or adequately and that within the limits of an advocates economic
 condition, free legal assistance to the indigent and oppressed is one of the highest
obligation an advocate owes to society.
 Section- 6(2)(b)
A State Bar Council may constitute one or more funds in the prescribed manner for the
purpose of the giving legal aid or advice in accordance with the rules made in this behalf .
 Section- 7(1)(ib)
The functions of the Bar council of India shall be to organize legal aid to the poor.
These all are the provisions in which legal aid should be given by an advocate.

ASSIGNMENT

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Q1-Write any five duties of advocates towards society?

Q2-What are the obligations on advocates to provide free legal aid?

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Q3-Mention the provisions under which an advocate should provide free legal aid?

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Q4-Define legal aid.To whom legal aid should be given?

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LL.B.(Three years course) V Semester

Professional Ethics and Court Craft

UNIT 3
Syllabus
 Bench-Bar Relationship

Reciprocity as partners in administration of Justice

Professional Misconduct

Rights and Privileges of Advocates

and how to become a good Lawyer

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Lecture-1
Bench Bar Relationship, Reciprocity as partners in administration of Justice

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You Tube Video https://www.youtube.com/watch?v=nXazSWCwSRs

Previous Year Questions of Lucknow University Based on this topic

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Q1-What do you understand by Bar-Bench? State the importance of healthy Bench-Bar relations
in administration of justice?

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(2011)(2012)

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Q2-Discuss the Bar- Bench relation Do you think that Bar Bench relation are important in the
administration of justice? (2014)(2015)

(2017)
contemporary
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trends and needs
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Q3-“Decent Bench Bar relationship is a must for vibrant Judiciary .Write a critique highlighting
the of the area.
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Notes

The Bar and the Bench are two elements of the same system, and without them, justice cannot
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be efficiently administered in the courts.

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Bar
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 The advocates are collectively referred to as the ‘Bar,’ and an advocate is designated as
the representative of the Bar.
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 For the most part, the term “Bar” refers to an association of attorneys who are licensed
to practice in the courts, or a specific court, of any state.
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Bench
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 The term “bench” refers to all of the judges taken together, as opposed to the term
 The term “bench” also refers to the key component of the court deemed in its official
capacity while the judges are sitting.
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 However, the term is now used to refer to the part of the court that deals with judicial
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officers, which is known as the Bench.

Role of bar-bench in the administration of justice
 The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law.
 Both are subordinate to and interrelated to one another in their respective roles.
 The practice of law and the administration of justice is important to each other. There is
no other office in the state that possesses the same level of authority as that of the
judge.
 Judges must carry out their responsibilities due to the importance of judges in the
 maintenance of civil and orderly society.
 The administration of justice is not limited to the courtroom.
 It also has significance for the Bar .The preservation of cordial relations between the Bar
and the Bench necessitates respect and understanding on both sides of the bar.
 Judges and advocates are both members of the same community.
 The Bar and bench need to sustain cordial relations with one another.
 Advocates should assist the judges in the court hearing of the cases by conveying the
relevant law accurately and understandably during the trial. They should never behave in
a way that would displease the judges.

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 If the judges make a mistake in their decision, they should not be criticized. They should
attempt to correct the error in the order by filing an appeal.

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 In the same way that the advocates respect the judges, the judges should respect the
advocates as well.
 It is important for judges to approach the case with an open mind and to do so without

ipk
bias or prejudice, as appropriate
 Judges are expected to act in a fair and unbiased manner. They are not permitted to act

n
in the interests of any prosecutor or party to the dispute.

a
 The case of ‘justice delayed is justice denied’ will also be resolved as soon as possible
as well. When older cases are given priority over new cases, new cases should not fall
behind in their disposition.
J
 Judges should refrain from making unjustified public remarks about a lawyer’s lack of
e
legal insight in open court.
g
 They should not ask any lawyer to leave the trial unless they have a compelling reason to
do so
le

Inter-relationship between bar and the bench

l

 The independence of the court and the legal profession is founded on a free and
o

independent judiciary. The Bench is responsible for nurturing the Bar’s ideals.
c

 According to an old saying, “courts and attorneys are two essential components of the
chariot of justice.”
w

 An ordinary citizen has faith and confidence in the country’s judicial system.
 So It is the responsibility of both the Bench and the Bar to uphold and strengthen the rule
a

of law through their dedication and behavior.

L

 To ensure the independence of the bar, an independent judiciary must be in place, which
can be used to defend that independence if required.
 One of the most effective methods of guaranteeing judges’ independence is to have a
tyi

responsible, well-behaved, sophisticated, and learned Bar.

C

 In the end, the mutual adjustment of behavior by the Bench and the Bar is the
cornerstone of the polished operation of courts in the overall interest of society.

ASSIGNMENT
Q1-What do you understand by the word Bar?

Q2-What do you understand by the word Bench?

Q3-Write six points on role of Bar and Bench in administration of justice?

Q4-Weite five points on interrelation between Bar and Bench?

m
rau
ipknaJ
eg
leloc wa L
tyiC

LL.B.(Three years course) V Semester

 Professional Ethics and Court Craft

UNIT 3
Lecture-2
Professional Misconduct
You Tube Video https://www.youtube.com/watch?v=NGUf-QoWKm8
Previous Year Questions of Lucknow University Based on this topic
Q1- What do you mean by Professional misconduct? What kind of punishment may be awarded
by State Bar Council to an advocate on his misconduct?
(2011)(2017)

m
Notes
Meaning of Misconduct
 Misconduct represents misbehavior or 'improper conduct'.

rau
 The term 'misconduct' in other words can be defined as rule of action, a forbidden act ,
unlawful behavior, improper or wrong behavior'.

ipk
Meaning of Professional misconduct

n
 Section 35 of the Advocate makes it clear that an advocate may be punished for
professional misconduct or other misconduct.

any other provisions of the Advocate Act, 1961.

a
 The terms misconduct and professional misconduct are not defined In Section 35 or in
J
 The expression 'professional or other misconduct' are mentioned in section 10 of Bar
e
councils Act,1926.
g
 Thus we can say that Misconduct means any acts which are unlawful in nature even
though they are not inherently wrongful.
lelo

Kinds of Professional Misconduct Under The Advocates Act, 1961

c

 Dereliction of duty
 Professional negligence
w

 Misappropriation
 Contempt of court and improper behaviour before a Magistrate
a

 Furnishing false information

L

 Giving improper advice

 Misleading the clients in court
 Not speaking the truth
tyi

 Moving application without informing that a similar application has been rejected by
C

another authority
 Suggesting to bribe the court officials
 Forcing the prosecution witness not to say the truth.
 Contempt of Court as professional misconduct
 Moral Turpitude

Punishment which may be awarded by State Bar Council to an advocate on his misconduct
  The provisions of Section 35 of the Advocates Act deal with professional misconduct
 If a person is found guilty of professional misconduct, the case shall be refered to the
disciplinary committee.
 The disciplinary committee shall fix a date of hearing and issue a show cause notice to
the Advocate.
 The disciplinary committee of the State Bar Council, after being heard of both the parties,
have the power to

1. Dismiss the complaint,

m
2. Reprimand the advocate;
3. Suspend the advocate from practice for such a period as it deems fit;
4. Remove the name of an advocate from the state roll of advocates.

rau
5. Section 49 of the Advocate Act empowers the Bar Council of India to frame rules and
standards of professional misconduct.
ASSIGNMENT

ipk
Q1- Define professional misconduct?
Q2- Write down any six kinds of Professional misconduct?

n
Q3- What kind of punishments can be awarded by the State Bar Council to an Advocate?

a
Q4- Write down the powers of the disciplinary committee of the State bar council?
J
eg
leloc wa L
tyiC

LL.B.(Three years course) V Semester

 Professional Ethics and Court Craft

UNIT 3
Syllabus
Lecture-3
Rights and Privileges of Advocates
You Tube Video https://www.youtube.com/watch?v=HfdSwI6VlJk

Previous Year Questions of Lucknow University Based on this topic

Q1-What are the rights and privileges of the Advocates?
(2015)

m
Notes

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 Rights of an advocate
The Advocates act 1961 provides and protects the following rights to an advocate in India
 Right to Practice
 The right to practice in the court is the exclusive right that is given to an advocate who is

ipk
enrolled in the Bar Council of India.


n
This right is provided under section 30 of the Advocates Act 1961

a
 Right to Pre -audience


e J
 Section 23 of the advocate Act 1961 deals with the right to pre audience rule. the law
provides the right to advocate who is upper in the hierarchy system.
This rule also gives a wider sense that an advocate has the right to represent his client
g
before the court of law and he has the right to speak before an audience present in the
courtroom.
lel

 Right to freedom of speech and expression

o

 An advocate while arguing in litigation cannot be stopped from speaking unless he

c

violates the terms and rules of the court of law.

w

 Right to enter any court and observe the proceedings

a

 According to section 30 of the Advocates Act 1961, any person who has enrolled in the
bar council of India can practice in any Court of law in any tribunal.
L

 An advocate to enter into any courtroom to observe the proceedings.

 The point will not affect whether he was connected to that case or not.
 An advocate has the right to enter the Supreme Court to hear any live proceedings.
tyiC

 Right against arrest

 An advocate is known as the judicial officer of the court.
 Section 135 of the civil procedure code exempt the advocates from rest under civil case
while he is:
 While he is going to the court
 Presiding his case in the court
 Returning from the court
 These are the circumstances in which the police cannot arrest an advocate in a civil
 matter.

 Right to meet with accused

 When an advocate takes any case in which the accused is in jail, the right to meet the
accused person comes into force.
 An advocate can meet the accused even in jail however the meeting in jail will be limited.
 It is the right of an advocate to meet his client even every day.

m
 Right to secure the privacy of the communication
 It is an exclusive right of an advocate given by section 129 of the Indian Evidence Act
1872.


rau
According to this section, the advocate has the right to secure the privacy of the
communication with his client.
 The advocate is not liable to tell anybody about the discussion done between him and
his client related to the case. Section 129 of the Indian evidence Act 1872 also provides

ipk
that no person can threaten an advocate to disclose the communication done between
him and his client.

na
 Right to take the fee

fees from his client.

e J
 Rule 11 of chapter 2 of part VI of bar council of India rules enables an advocate to take
g
 Right to refuse for a case
 It is the right of an advocate that he can refuse to take the case which is dealing with
illegal things.
lelo

Privileges of Advocates
c

 Exemption from arrest

 An advocate is known as the judicial officer of the court.
w

 Section 135 of the civil procedure code exempt the advocates from rest under civil case
while he is:
a

 Going to the court

L

 Presiding his case in the court

 Returning from the court
 These are the circumstances in which the police cannot arrest an advocate in a civil
ty

matter.
iC

 Privilege related to Vakaalatnama

 When a client agrees and signs a Vakaalatnama referring to the advocate then the
advocate is entitled to represent this particular client in that case.
 No other advocate can represent the case without the permission of the advocate
mentioned in the vakaalatnama.

 Privilege to review the parliamentary bill for remuneration

  All the Advocates have the privilege to review parliamentary bills; they are even allowed
to give suggestions for amendments.

 The privilege of meeting accused in jail

 Meeting the accused in jail is a special privilege given to the advocates of India. He can
visit the accused whenever he wishes to.

ASSIGMENT

m
Q1-What are the rights of the advocates?

Q2-What are the four privileges given to an advocates?

rau
ipknaJ
eg
leloc wa L
tyiC
 LL.B.(Three years course) V Semester
Professional Ethics and Court Craft

UNIT 3
Syllabus
Lecture-4
How to become a good Advocate

m
You Tube Video https://www.youtube.com/watch?v=GMXofmGjza4

Previous Year Questions of Lucknow University Based on this topic

rau
Notes

How to become a good Advacate

ipkn
 Must be a positive thinker (the results can be imagined


out of previous events.
a
A good advocate is always aware of the outcome of what possible solution can be taken
J
He should always be able to think about the outcome of a particular situation.
eg
 Must be a suitable communicator
lelo

 The most important attribute of a lawyer is communication.

c

 Lack of communication can lead to drastic changes in any conversation and if a lawyer
communicates incorrectly, it does not suit its personality
wa L

 Should be Well in Drafting

 He should be familiar to principles and norms of a good draft

ty

 Such as clarity, conciseness, completeness, clear and firm thinking, logic.

iC

 Good to Convince others

 In order to convince he need to have enough knowledge of the topic to make his
argument valid.
  Legal and ethical knowledge

 The legal profession is bound by laws, ethics and moral standards, and distinguishes
between lawyers and normal people.
 A good advocate knows all his rights and obligations.

Some other qualities a advocate should develop to become a Good advocate are

m
 Command over language

 This skill is the most important for every lawyer.

rau
 He need to be able to express himself efficiently and lucidly.

ipk
 Oratory skills

n


a
For lawyers in private practice, being a good speaker is vital.

 The 3As Test

e J
g
 Attitude, Aptitude and Analytics.


le

These qualities make a lawyer expert in analyzing the legal problems and arriving at
l

calculated conclusions.
oc w

 Reading habit
a

 A lawyer must essentially develop a regular habit of reading.

L
tyiC

 Team work

 Lawyers who collaborate well possess the ability to identify and bring out the best
others have to offer

 Submerging their own positions and egos where necessary in order to reach the optimal
client outcome.
  Emotional intelligence

 Clients need the empathy, and personal connection of their lawyers to feel whole and
satisfied

 Time management

 To achieve and meet deadlines, whether it is in corporate or litigation practice, time

management is very essential.

m
 An effective lawyer is one who knows how to manage time.

rau
Assignment

ipk
Q1-Write down any six qualities required for becoming a good Advocate?

na
e J
g
leloc wa L
ty

LL.B.(Three years course) V Semester

iC

Professional Ethics and Court Craft

UNIT 4
Syllabus
 Unit IV: Contempt of Court Act, 1971

Historical development of Contempt of Court Act in India,

Object and Constitutional validity of Contempt of Court Act, Definition, Kinds of Contempt

Contempt by Judges, Magistrates, Lawyers and other persons

Cognizance, Procedure, Appellate provisions regarding Contempt Defences, Punishment and

Remedies.

m
Lecture-1
Historical development of Contempt of Court Act in India ,Object and Constitutional validity of
Contempt of Court Act, Definition

rau
You Tube Video https://www.youtube.com/watch?v=YZ5TZNAd_ck
https://www.youtube.com/watch?v=YGLeFXDSPqs
Previous Year Questions of Lucknow University Based on this topic

ipk
Q1-Constitutional provisions regarding contempt of court? (2013)
Q2-Define the contempt of court .Refer to relevant constitutional provisions? (2017)

n
Note
Meaning of contempt of Court

aJ
 The Contempt of Court is disobedience to the Court by acting in opposition to the
e
authority, justice and dignity thereof.
 It also signifies a willful disregard or disobedience of the Courts order.
g
Historical Development of Law of Contempt Act in India
 Development in Ancient India
lel

 In Ancient India whosoever disobeyed decisions or orders or of Court or Ordinance

o

issued by King was held to have committed contempt or Avman, or Ullanghan and was
c

punished.
 For the contempt of court punishment provisions was made.
w

 The kinds of punishment that could be awarded have been mentioned in Narada Smurti
a

as local arrest, temporary arrest, and restraining from doing certain specific acts
L

 It can be thus safely said that the content of the concept of contempt of court was
developed in our judicial system since thousand years.
 Development of Contempt law in British India
ty

 The present law relating to contempt of Court is however, based on the English law
iC

concept.
 The British courts from the earliest legal history assumed the power of contempt of
court against those who obstructed the administration of justice
 In England, the Courts of Record have inherent powers to punish the contempt itself
and also the Court subordinate to it since the advent of judicial system.

 Development of Contempt law in Independent India

  The first Contempt of Court Act was enacted in the year 1926 which was repealed and
replaced by the Contempt of Courts Act, 1952.
 Accordingly on 1st April, 1960 a bill was introduced in Lok Sabha by Shri Bibhuti
Bhushan Dasgupta who amend the law relating to Contempt of Courts. After
considering the Bill, the Government realized need to Reform the law relating to
Contempt of Court.
 Committee was set up by the Government under the Chairmanship of Shri H.N.
Sanyal, Additional Solicitor General of India in July 1961.
 The entire law on the Contempt of Court was scrutinized by the Committee and then the

m
Committee submitted its report on 28 February 1963 to Lok Sabha.
 The Bill was substantially altered in the light of the said effect and thereafter, it
enacted as the Contempt of Courts Act, 1971. This act came into force on 24 December

rau
1971 and repealed replaced the earlier Contempt of Court Act, 1952.
Constitutional validity of the contempt of Courts Act, 1971
 Article 129 of the Constitution of India says that the Supreme Court shall be a court of

ipk
record and shall have all the powers of such a court including the power to punish for
contempt of itself.

n
 According to article 215 of the Constitution of India, every High Court shall be court of

a
record and shall have all the powers of such a court including the power to punish for
contempt of itself.
ASSIGNMENT
e J
g
Q1-Define the term Contempt of Court?
Q2-What is the step wise development of the Contempt Law in independent India?
le

Q3-Who are the two main persons who developed the Law of contempt in India?
lo

Q4-Write down the Constitutional validity of the contempt of court Act 1973?
c wa L
tyiC

LL.B.(Three years course) V Semester

 Professional Ethics and Court Craft

UNIT 4
Lecture-2
Kinds of Contempt, Contempt by Judges and Magistrates
You Tube Video https://www.youtube.com/watch?v=2VHr8q4cVfo
Previous Year Questions of Lucknow University Based on this topic
Q1- What are the different types of contempt of court? Discuss criminal contempt?
(2011)(2014)(2017)
Q2- Can a judge be held liable for committing contempt of his/her own court?
(2011)(2013)(2015)(2017)

m
Q3- Difference between civil and criminal contempt? (2013)
Note
Types of Contempt of Court

rau
 Contempt of Court is of two types:
 Civil Contempt
 Criminal Contempt

ipk
Civil Contempt

n
 Section 2(a) of the Contempt of Court Act, 1971 defines Civil Contempt

Court by any person

a
 As willful disobedience to the order, decree, direction, or any judgment or writ of the
J
e
Defences to Civil Contempt
g
A person who is accused of Civil Contempt can take the following defences
 Lack of Knowledge of the order
lel

 The order that has disobeyed should be vague or ambiguous

o

 Orders involve more than one reasonable interpretation

c

Criminal Contempt
w

 According to Section 2(c) of the Contempt of Court Act, 1971, defines Criminal
a

Contempt as
L

 The publication of any matter by words, spoken or written, or by gesture, or by signs, or

by visible representation or
 Doing of any such act includes
ty

 Scandalize or tends to scandalize, or lowers or tends to lower the authority of any court,
iC

or
 Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
 Obstructs or tends to obstruct, interfere or tend to interfere with the administration of
justice in any manner.

CONTEMPT BY JUDGES, MAGISTRATES, OR OTHER PERSONS ACTING JUDICIALLY

  Section 16 of the Contempt of Court Act, 1971 provides that judges, magistrates, and
other persons acting judicially can also be held liable for contempt of their courts or any
other court.

Conditions in which a judge is held liable of contempt

 The above section does not apply to any observation or remark made by the judges or
magistrate relating to any subordinate court in case of any pending appeal or revision of
any order or judgment passed by the subordinate court.
 A judge during a hearing cannot ask a counsel to get out or leave the courtroom without
any rational reason. Such an act by a judge amounts to contempt of his court.

m
 In case of a subordinate court not following, ignoring, or disobeying the law laid down by
its superior court it amounts to contempt of the superior court.
 In case of judge or magistrate of subordinate court purposely ignoring or avoiding the

rau
binding judgment passed by the High Court then he is liable for contempt of court.
 When the subordinate court had knowledge of the order or judgment of the High Court
and deliberately disregards it then it may be held liable for contempt.

ipk
 If the judge or magistrate Scandalizes , uses abusive language, acts furiously, lowers the
authority of the court,

n
 Interfere in the judicial proceeding or administration of justice, or
 Is found accepting any kind of bribe or illegal gratification for passing favorable


judgment is also liable for contempt of court.

aJ
The Judicial Officers Protection Act, 1850, protects the persons acting as judicial
officers from contempt proceeding.
e
ASSIGNMENT
g
Q1-What are the two types of contempt of court?
lel

Q2-Define Civil contempt? What are the defences available for civil contempt?
oc

Q3-Define criminal contempt?

w

Q4-Can a judge be held liable for contempt of his own court?

a

Q5-What are the conditions in which a judge is held liable of contempt?

L
tyiC
 LL.B.(Three years course) V Semester
Professional Ethics and Court Craft

UNIT 4
Lecture-3
Contempt by Lawyers and other persons

m
You Tube Video https://youtu.be/KN5SBmqZU7Q
Previous Year Questions of Lucknow University Based on this topic

rau
Note

CONTEMPT OF COURT BY LAWYERS

ipk
 The uncourteous conduct or misconduct of a lawyer towards the court and its order is

n
considered as contempt.

Following acts will fall in the category of contempt by Advocates

 Using insulting words against the judge. aJ

eg
 Imposing scandalous allegations on the judge.

 Hiding or suppressing the facts and evidence for obtaining favorable judgment.
lelo

 Hurling a shoe at the judge.

c

 Alleging judge to be partial, biased, unfair.

wa

 A lawyer who advises his clients to disobey the judgment is contempt.

L

 When a lawyer refuses or ignores to answer the question asked to him by the court, he
is liable for contempt of court.
tyi

 An Advocate who is disrespectful to the judge, questions his authority, shouts or yells
C

at him.

 When an Advocate Loses his temper in the court, threatens the judge with
impeachment or transfer.

 When an Advocate insulting or abusive language, dictates the judge to pass a favorable
judgment.P
  Or when an advocate does any act that interferes or obstructs the administration of
justice amounts to contempt of court.

In Nandlal Balwani case, 1999, the advocate chanted slogans in court and even hurled his shoe
towards the court. This was taken as gross criminal contempt of court and was punished for
the same. The advocate’s apology was rejected by the court by saying that it was not genuine or
bonafide and was made only to escape punishment.

CONTEMPT LIABILITY BY OTHER PERSONS

m
 Even the State or its officers or ministers are not immune from contempt liability.

 Rule 5 of Order XXXIX of the Code of Civil Procedure,1908 provides that any injunction

rau
directed to a corporation binds the members and officers of the corporation

 Injunction or contempt proceeding can be taken against any minister or corporate body

ipk
or State officer acting in his official capacity

n
 When a court passes an order against an officer then after his term even his successor

a
is also bound to obey that order of the court. If the successor officer willfully disobeys
e J
the court’s order, then he may be held liable for contempt of court.

 When a company is found guilty of contempt of court every officer in charge of the
g
conduct of the business of the company at the time the contempt was committed shall
be deemed to be guilty and be punished
lel

ASSIGNMENT
o

Q1-Define the term contempt by Advocates?

c

Q2-What are acts which are considered as contempt by Advocated?

w

Q3-What are the conditions when other persons can be held liable for contempt?
a L
tyiC
 LL.B.(Three years course) V Semester

m
Professional Ethics and Court Craft

UNIT 4

rau
Lecture-4
Cognizance, Procedure, Appellate provisions regarding Contempt
You Tube Video https://youtu.be/QjMGXQLBWJw

ipk
Previous Year Questions of Lucknow University Based on this topic
Q1- Point out the procedure in trying the cases of contempt?

n
Note
Cognizance of Contempt

aJ
 Section 14 of the contempt of court act provides that whenever it appears to the
e
Supreme Court and the High Courts that a person appears to have committed contempt
g
in its presence the court may cause such person to be detained in custody.
 And shall at any time before the rising of the court on the same day or as early as
possible, thereafter:
lel

 Cause him to be informed in writing of the contempt with which he is charged.

o

 Afford him an opportunity to make his defense in respect of the charge.

c

 After taking such evidence as may be offered by such person and after hearing him after
adjournment to determine the matter of the charge.
w

 Make such order for the punishment or discharge of such person as may be necessary.
a

Procedure To Be Adopted In Cases of Contempt

L

 Procedure of Criminal Contempt Committed Outside The Court

 Criminal Contempt committed outside the Court, is known as Constitutive Contempt.
ty

Section 15(1) provides that cognizance for criminal contempt can be taken by the Supreme
iC

Court and High Courts in the following manner

 On its own motion
 On the motion of the Advocate General
 On the motion of any other person, with the consent, in writing, of the Advocate General.
 On the motion of such law officer in relation to the High Court for the Union Territory of
Delhi as the central government may notify.
Section 15(2) provides that in case of criminal contempt of a sub-ordinate court, the
concerned High Court may take action in the following manner
  On the reference made to it by the sub-ordinate court.

 On the motion made by the Advocate General.

 On the motion made by such law officer in relation to a Union Territory as the Central
Government may specify.

Appellate provisions regarding Contempt

m
 Contempt of court Act, 1971 has provided for the statutory right of appeal against the
orders of High Court passed in the exercise of its jurisdiction to punish for the contempt
of the court.

rau
 The High Court itself could grant the certificate under Article 134 of the Indian
Constitution.
 And where the High Court refused to grant such certificate, the Supreme Court could

ipk
entertain the appeal by granting special leave under Article 136 of the Constitution of
India.

n
 Section 19(4) provides for the period of limitation for preferring an appeal.

a
 It provides that an appeal under Article 19(1) shall be filed within thirty days to the
division bench of High Court
 J
And in case the order of punishment has been passed by division bench of High Court
then within sixty days to the Supreme Court from the date of the order appealed
against.
eg
 Section 19(2) deals with the power of Appellate Court during the pendency of appeal.
 It provides that during the pendency of the appeal the Appellate Court may pass the
le

following orders.
l

 The execution of the punishment order shall remain suspended.

o

 If appellant is under confinement imprisonment, he may be released on bail.

c

 The appeal may be heard notwithstanding that the appellant has not perched his
contempt.
wa

ASSIGNMENT
L

Q1-Who will take cognizance of the contempt of court?

ty

Q2-Write down the procedure adopted for criminal contempt by the Supreme Court?
iC

Q3-Write down the procedure adopted for criminal contempt by the sub-ordinate court?

Q4-What are the appellate provisions regarding contempt of court?

 m
rau
ipk
LL.B.(Three years course) V Semester

n
Professional Ethics and Court Craft

UNIT 4
Syllabus
Lecture-5 aJ
e
Defences , Punishment and Remedies.
g
You Tube Video https://www.youtube.com/watch?v=I5k-gVPAETE
Previous Year Questions of Lucknow University Based on this topic
Q1-Punishment for contempt of court?(2011)
lelo

Notes
c

Punishment for The Contempt of Court

w

 Section 12 of the act deals with the punishment for contempt of court.
 A contempt of court may be punished with simple imprisonment for a term which may
a

extend to six months, or with fine which may extend to two thousand rupees, or with
L

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.
ty

 Where a person is found guilty of a civil contempt, the court, if it considers that a fine
iC

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.
 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, by the detention in civil prison of each such
 person.
Defence against Civil Contempt

 A person charged with civil contempt of court can take the following defences.
 No knowledge of order
 Disobedience or breach was not willful reasonable explanation has been given for non-
compliance thereof.
 Order disobeyed is vague or ambiguous is incomplete and the parties should approach
the original court and get the order clarified by getting the ambiguity removed.
 Order involves more than on reasonable interpretation.
 Compliance of the order is impossible.

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 The order has been passed without jurisdiction.

Defences against Criminal Contempt

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 Innocent publication and distribution of matter
 That at the time of publication, he had no reasonable ground for believing that the

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proceeding was pending.
 That at the time of publication, no such proceeding was pending.

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 That at the time of distribution of publication, he had no reasonable ground for believing

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that the matter (published or distributed by him) contained or was likely to contain any
material which interfered or obstructed the pending proceeding or administration of
justice.
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 Fair and accurate report of judicial proceedings
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 Provide that a person shall not be guilty of Contempt of Court for publishing the text or
for publishing fair and accurate summary of the whole or any part of the order made by
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the court in camera (in Chamber) unless the court has expressly prohibited the
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publication of the proceedings on the grounds of:

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 Public Policy
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 Public Order
 Security of the State
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 Information relating to a secret process, discovery or invention , or, in exercise of the

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power vested in it.

 Fair criticism of judicial act provides that a person shall not be guilty of criminal
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contempt for publishing any fair comment on the merits of any case which has been
finally decided.
 Bonafide complaint against the presiding officer of a subordinate court.
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Remedy Against The Order of Punishment

 Apology The contemner may under apology to the court and the court may remit the
punishment awarded for contempt, if the court is satisfied that the apology has been
made with real sense of repentance.
 Appeal: Contempt of court Act, 1971 has provided for the statutory right of appeal
against the orders of High Court passed in the exercise of its jurisdiction to punish for
the contempt of the court
 However, the remedy under Article 136 of Constitution will still be available and the
Supreme Court may grant leave to appeal under Article 136. Section 19(4) provides for
the period of limitation for preferring an appeal.

ASSIGNMENT

Q1-What are the Punishments for contempt of court?

Q2-What are the defences available for civil contempt?

Q3- What are the defences available for criminal contempt?

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Q4-What are the remedies available for the contempt of court?

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