Professional Ethics,

Professional Accounting System

By
Ms. Amruta Chavan
Faculty of Law
MNLU – Aurangabad (Chh. Sambhaji Nagar)
Semester: x
Academic Year: 2023-24
1
Batch : B.A.LL.B. (Hons.) 2019 - 24
 Module No. 1
Historical background of Legal Profession:
Its dynamics, development and impact of
globalization on Legal profession :

• Legal profession and its dynamics

• development of legal profession in India
• constitutional guarantee of freedom of profession
• legal profession and its noble character in terms of
maintaining solicitor firm, an industry, business and legal
control
• impact of globalization and the legal profession.

2
 Legal profession and its dynamics

 What is a Profession?

 Occupation and Profession

• An Occupational Group:
- Delivers important services
- Makes a commitment to serve the public
- Claims a special relationship to the marketplace, not merely in
the rough and tumble; distinguished from a trade.

3
Contd…

 An Occupation Becomes a Profession when:

• A group of individuals sharing the same
occupation organize to work in a morally
permissible way, or to work to support a moral
ideal. (i.e. Doctors organize to cure the sick,
librarians organize to promote access to
information, etc.)
• Members set and follow special standards for
carrying on their occupational work.

4
Contd…
• At least one of these standards must go beyond what law, the
marketplace, ordinary morality (what a ordinary moral person
must do) and public opinion demand. (i.e. a good mercenary only
needs to fulfil the terms of his contract, a good, professional
soldier must serve his country honourably, even when ordinary
morality, law, and public opinion do not require it.)
• These special standards are morally binding to “professed”
members of the profession. If a member freely declares (or
professes) herself to be part of a profession, she is voluntarily
implying that she will follow these special moral codes. If the
majority of members of a profession follow the standards, the
profession will have a good reputation and members will generally
benefit; if the majority of members violate these voluntary
standards, professed members of a profession will be at a
disadvantage or at the least receive no benefit from declaring a
profession.

5
 Occupation Profession

• An occupation is • A profession is an
an activity that occupation
one undertakes for involving
earning money or specialized
livelihood. education and
• e.g. : Driving, training.
Trading, Running a • e.g. : Chartered
shop, Clerical job, Accountancy,
Government job Medical,
Engineering etc.

6
 Occupation is a broader term than the
Scope
profession

Code of A profession has a code of conduct unlike

conduct an occupation

Higher A profession involves higher education

education but an occupation does not

A profession involves training

Training
compulsorily unlike an occupation

7
 Pre-British India
• During the Hindu period the courts derived their
authority from the king who was considered the
fountain head of justice. The King’s Court are
superior to all other courts. The king was advised by
his councillors in hearing and deciding the case but he
was not bound by their advise.
• There is no mention in the Kautilya’s Arthasastra
about the existence of legal profession and therefore
most probably such a class did not exist. But
according to Justice Ashutosh Mukherjee legal
profession was in existence during the Hindu period. 8
Contd…

• During the Muslim period the litigants were

represented by a body of persons known as
Vakils.
• The court of the kings Administrations
concerned determined who should be allowed
to appear as Vakil in a Zilla (district) Court.
During this period the legal profession was not
an organized one. The Vakils acted more as an
agent for principals then as lawyer:

9
 THE ADVOCATES ACT, 1961

19th May, 1961

VII Chapters and 60 Sections
One schedule
Object :
– to amend and consolidate the law relating to the
legal practitioners
– to provide for the constitution of Bar Councils and
an All-India Bar

10
 Definitions

• (a) “advocate” means an advocate entered in

any roll under the provisions of this Act;
• (e) “Bar Council of India” means the Bar
Council constituted under section 4 for the
territories to which this Act extends;
• (h) “law graduate” means a person who has
obtained a bachelor's degree in law from any
University established by law in India;

11
 Contd…

• (i) “legal practitioner” means an advocate

[or vakil] of any High Court, a pleader,
mukhtar or revenue agent;

12
 State Bar Councils
• State of Tamil Nadu and the Union territory of
Pondicherry to be known as the Bar Council of
Madras
• for the State of Kerala and the Union territory of
Lakshadweep to be known as the Bar Council of
Kerala;
• States of Maharashtra and Goa and the Union
territories of Dadra and Nagar Haveli and and Daman
and Diu, to be known as the Bar Council of
Maharashtra and Goa

13
Contd…

• for the States of Punjab and Haryana and the

Union territory of Chandigarh, to be known as
the Bar Council of Punjab and Haryana;
• for the Union territory of Delhi, to be known
as the Bar Council of Delhi.

• the Advocate-General of the State, ex officio;

14
 Structure of BCI
Bar Council of India

The A.G. of India The S.G. of India 01 member

elected by
each State
Bar Council
from among
its members.

15
 Bar Council to be body corporate

• having perpetual succession

• a common seal, with power to acquire and
hold property, both movable and immovable,
and to contract
• may be the name by which it is known sue and
be sued.

16
The functions of the Bar Council of India

• to lay down standards of professional conduct

and etiquette for advocates;
• to lay down the procedure to be followed by
its disciplinary committee and the disciplinary
committee of each State Bar Council;
• to safeguard the rights, privileges and
interests of advocates;
• (e) to promote and support law reform;

17
Contd…

• (f) to deal with and dispose of any matter arising under this
Act, which may be referred to it by a State Bar Council;
• (g) to exercise general supervision and control over State Bar
Councils;
• (h) to promote legal education and to lay down standards of
such education in consultation with the Universities in India
imparting such education and the State Bar Councils;
• (i) to recognize Universities whose degree in law shall be a
qualification for enrolment as an advocate and for that purpose
to visit and inspect Universities [or cause the State Bar
Councils to visit and inspect Universities in accordance with
such directions as it may give in this behalf]

18
 Disciplinary committees

02 members 01 person
from BCI co-opted by
the Council
from amongst
advocates
19
 Functions of State Bar Councils
• (a) to admit persons as advocates on its roll;
• (b) to prepare and maintain such roll;
• (c) to entertain and determine cases of
misconduct against advocates on its roll;
• (d) to safeguard the rights, privileges and
interests of advocates on its roll;
• (dd) to promote the growth of Bar Associations
for the purposes of effective implementation of
the welfare schemes referred to in clause (a) of
sub-section (2) of this section and clause (a) of
sub-section (2) of section 7
20
Contd…

• (e) to promote and support law reform;

• (ee) to conduct seminars and organize talks on legal
topics by eminent jurists and publish journals and
papers of legal interest;
• (eee) to organize legal aid to the poor in the
prescribed manner;]
• (f) to manage and invest the funds of the Bar Council;
• (g) to provide for the election of its members;
• 3[(gg) to visit and inspect Universities in accordance
with the directions given under clause (i) of sub-
section (1) of section 7;]
21
Contd…

• (h) to perform all other functions conferred on

it by or under this Act;
• (i) to do all other things necessary for
discharging the aforesaid functions

22
 Certificate of enrolment.

• 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.

23
 Right of pre-audience

• The Attorney-General of India

• The Solicitor-General of India
• Additional Solicitor-General of India
• second Additional Solicitor-General of India

24
 Persons who may be admitted as
advocates on a State roll

• a citizen of India:
• completed the age of twenty-one years;
• obtained a degree of law

25
 Disqualification for enrolment

• if he is convicted of an offence involving moral

turpitude;
• if he is convicted of an offence under the
provisions of the Untouchability (Offences)
Act, 1955
• if he is dismissed or removed from
employment or office under the State on any
charge involving moral turpitude.

26
Application once refused not to be entertained
by another Bar Council except in certain
circumstances
• Where a State Bar Council has refused the
application of any person for admission as an
advocate on its roll, no other State Bar Council
shall entertain an application for admission of
such person as an advocate on its roll,
• except :
• with the previous consent in writing of the
State Bar Council which refused the
application and of the Bar Council of India.
27
 Advocates to be the only recognized
class of persons entitled to practice
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 practice the profession of
law, namely, advocates.

28
Power of court to permit appearances
in particular cases.

• Notwithstanding anything contained in this

Chapter, any court, authority, or person may
permit any person, not enrolled as an
advocate under this Act, to appear before it or
him in any particular case.

29
 Punishment to advocates for misconduct

• (1) Where on receipt of a complaint or otherwise a State Bar

Council has reason to believe that any advocate on its roll has
been guilty of professional or other misconduct, it shall refer
the case for disposal to its disciplinary committee.
• The State Bar Council 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 State Bar Council.
• (2) The disciplinary committee of a State Bar Council shall fix a
date for the hearing of the case and shall cause a notice
thereof to be given to the advocate concerned and to the
Advocate-General of the State.
30
Contd…

• (3) The disciplinary committee of a State Bar Council

after giving the advocate concerned and the Advocate-
General an opportunity of being heard, may make any
of the following orders, namely
(a) dismiss the complaint or, where the
proceedings were initiated at the instance of the
State Bar Council, direct that the proceedings be
filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such
period as it may deem fit;
(d) remove the name of the advocate from the
State roll of advocates.
31
Contd…
• (4) Where an advocate is suspended from
practice under clause (c) of sub-section (3), he
shall, during the period of suspension, be
debarred from practising in any court or
before any authority or person in India.
• (5) Where any notice is issued to the
Advocate-General under sub-section (2), the
Advocate-General may appear before the
disciplinary committee of the State Bar
Council either in person or through any
advocate appearing on his behalf.

32
 Disciplinary powers of Bar Council of India.
• (1) Where on receipt of a complaint or otherwise the
Bar Council of India 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.
• (2) Notwithstanding anything contained in this Chapter,
the disciplinary committee of the Bar Council of India
may, either of its own motion or on a report by any
State Bar Council 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 State Bar Council and dispose of the
same.
33
 36B. Disposal of disciplinary
proceedings.
• (1) The disciplinary committee of a State Bar Council
shall dispose of the complaint received by it under
section 35 expeditiously and in each case the
proceedings shall be concluded within a period of one
year from the date of the receipt of the complaint or
the date of initiation of the proceedings at the instance
of the State Bar Council, as the case may be, which may
dispose of the same as if it were a failing which such
proceedings shall stand transferred to the Bar Council
of India proceeding withdrawn for inquiry under sub-
section (2) of section 36.

34
37. Appeal to the Bar Council of India.

• (1) Any person aggrieved by an order of the

disciplinary committee of a State Bar Council
made [under section 35] [or the Advocate-
General of the State] may, within sixty days of
the date of the communication of the order to
him, prefer an appeal to the Bar Council of
India

35
 Appeal to the Supreme Court
• Any person aggrieved by an order made by the disciplinary
committee of the Bar Council of India under section 36 or
section 37 1[or the Attorney-General of India or the
Advocate-General of the State concerned, as the case may
be,] may, within sixty days of the date on which the order
is communicated to him, prefer an appeal to the Supreme
Court and the Supreme Court may pass such order
1[(including an order varying the punishment awarded by
the disciplinary committee of the Bar Council of India)]
thereon as it deems fit:
• Provided that no order of the disciplinary committee of the
Bar Council of India shall be varied by the Supreme Court so
as to prejudicially affect the person aggrieved without
giving him a reasonable opportunity of being heard.

36
 Application of sections 5 and 12 of
Limitation Act, 1963
• The provisions of sections 5 and 12 of the
Limitation Act, 1963 (36 of 1963), shall, so far
as may be, apply to appeals under section 37
and section 38.]

37
 Powers of disciplinary committee.
• (1) The disciplinary committee of a Bar Council shall have
the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908), in respect of the
following matters, namely:―
• (a) summoning and enforcing the attendance of any person
and examining him on oath;
• (b) requiring discovery and production of any documents;
• (c) receiving evidence on affidavits;
• (d) requisitioning any public record or copies thereof from
any court or office;
• (e) issuing commissions for the examination of witnesses or
documents;
• (f) any other matter which may be prescribed:

38
Contd…

• Provided that no such disciplinary committee

shall have the right to require the attendance
of—
• (a) any presiding officer of a court except with
the previous sanction of the High Court to
which such court is subordinate;
• (b) any officer of a revenue court except with
the previous sanction of the State
Government.

39
Contd…

• (2) All proceedings before a disciplinary

committee of a Bar Council shall be deemed
to be judicial proceedings

40
 Review of orders by disciplinary
committee.
• The disciplinary committee of a Bar Council
may of its own motion or otherwise review
any order [within sixty days of the date of
that order,] passed by it under this Chapter:
• Provided that no such order of review of the
disciplinary committee of a State Bar Council
shall have effect unless it has been approved
by the Bar Council of India.

41
Penalty for persons illegally practicing
in courts and before other
authorities.
• Any person who practices in any court or
before any authority or person, in or before
whom he is not entitled to practice under the
provisions of this Act, shall be punishable with
imprisonment for a term which may extend to
six months.

42
 Power of revision

• (1) The Bar Council of India may, at any time,

call for the record of any proceeding under
this Act which has been disposed of by a State
Bar Council or a committee thereof, and from
which no appeal lies, for the purpose of
satisfying itself as to the legality or propriety
of such disposal and may pass such orders in
relation thereto as it may think fit.

43
 THE CONTEMPT OF COURTS ACT, 1971

• Enactment : 24th December, 1971

• Total Sections : 24

Objectives :
• to define and limit the powers of certain
courts in punishing contempts of courts
• to regulate their procedure in relation thereto.

44
 Definitions

• (a) “contempt of court” means civil contempt

or criminal contempt;
• (b)“civil contempt” means –

willful disobedience to any judgment, decree,

direction, order, writ or

other process of a court or willful breach of an

undertaking given to a court;
45
Contd…
• (c)“criminal contempt” means the publication
- (whether by words, spoken or written, or
- by signs, or
- by visible representations, or otherwise)
of any matter or the doing of any other act whatsoever
which—
(i) scandalizes or tends to scandalize, or lowers or
tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere
with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or
obstructs or tends to obstruct, the administration
of justice in any other manner; 46
 Which acts are NOT contempt
1. Innocent publication and distribution of matter
2. Fair and accurate report of judicial proceeding
3. Fair criticism of judicial act
4. Complaint against presiding officers of
subordinate courts when not contempt
5. Publication of information relating to
proceedings in chambers or in camera not
contempt except in certain cases

47
Contd…

• 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 -

48
Contd…
• (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.
 unless the court has expressly prohibited
49
 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 Indian Penal Code.
50
 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.
51
Punishment for contempt of court
• 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.

52
Contd…
• (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.

53
Contd…
• (4) Where the person found guilty of contempt of
court is a company –
• 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:
54
Contd…

• 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.

55
contd
• (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.

56
 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.
57
 Cognizance of criminal contempt in
other cases.
• (1) In the case of a criminal contempt, other than a
contempt referred to in section 14, the Supreme Court
or the High Court may take action on its own motion or
on a motion made by—
• (a) the Advocate-General, or
• (b) any other person, with the consent in writing of the
Advocate-General, 1[or]
• 1[(c) in relation to the High Court for the Union
territory of Delhi, such Law Officer as the Central
Government may, by notification in the Official
Gazette, specify in this behalf, or any other person,
with the consent in writing of such Law Officer
58
 Contempt by judge, magistrate or
other person acting judicially.
• (1) Subject to the provisions of any law for the time
being in force, a judge, magistrate or other person
acting judicially shall also be liable for contempt of his
own court or of any other court in the same manner as
any other individual is liable and the provisions of this
Act shall, so far as may be, apply accordingly.
• (2) Nothing in this section shall apply to any
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.

59
 Appeals
• (1) An appeal shall lie as of right from any order
or decision of the High Court in the exercise of its
jurisdiction to punish for contempt—
– (a) where the order or decision is that of a single
judge, to a Bench of not less than two judges of the
Court;
– (b) where the order or decision is that of a Bench, to
the Supreme Court:
• Provided that where the order or decision is that
of the Court of the Judicial Commissioner in any
Union territory, such appeal shall lie to the
Supreme Court.
60
Contd…

(2) Pending any appeal, the appellate Court may

order that—
– (a) the execution of the punishment or order
appealed against be suspended;
– (b) if the appellant is in confinement, he be
released on bail; and
– (c) the appeal be heard notwithstanding that the
appellant has not purged his contempt.

61
Contd…

• (4) An appeal under sub-section (1) shall be

filed—
• (a) in the case of an appeal to a Bench of the
High Court, within thirty days;
• (b) in the case of an appeal to the Supreme
Court, within sixty days,
• from the date of the order appealed against.

62
 Period of Limitation To Entertain
the act of Contempt
• No court shall initiate any proceedings of
contempt, either on its own motion or
otherwise, after the expiry of a period of –
– one year
– from the date on which the contempt is
alleged to have been committed.

63
• Acts can’t be called as contempt
• Acts which can be called as contempt-
punishable & exceptions
• Contempt not punishable
• Punishments
• Appeal
• Limitation period

64
 Reactions against The Act
• A law for criminal contempt get difference of opinion with
India as Democratic system which acknowledge as freedom of
speech and expression as a fundamental right.

• The judiciary draws resemblance with the executive, in using

laws for a dissuasive effect on the freedom of speech.

• Former Justice of Supreme Court, V.R. Krishna Iyer, famously

termed –
• “the law contempt as having a vague and wandering
jurisdiction, with uncertain boundaries; contempt law,
regardless of the public good, may unwittingly trample upon
civil liberties.”
65
Contd…
• Wide Scope of Contempt:
– the definition of criminal contempt in India is
extensive, and can be easily supplicate. Also, suo
motu powers of the court to commence such
proceedings only set out to complicate matters.

• Further, the contempt of courts Act was

amended in 2006, to add truth and good faith
as valid safeguards for contempt, but they are
seldom entertained by the judiciary.

66
 Arguments In Favour
• High Number of Contempt Cases:
– As still many of the contempt cases are pending in
Supreme Court and High Court, this shows that there
is relevance of the existence of the contempt of court
law.
• Affecting Judiciary’s Reputation:
– If any amendment in the definition of contempt is
made then it will reduce the reputation of court in
front of the public eyes and also people will start
taking the courts for granted. Abolition of contempt
law will bring legislative gap.

67
 Contd…
• Constitutional Source of Contempt Power:
– The Constitution of India gives the power to Supreme
Court and High Court to exercise the contempt.
– The Contempt of Court Act, 1971 provides the
provisions related to the punishment and
investigation.
– Thus, deletion of the act will not impact the inherent
powers of the Supreme Court and High Court to
exercise the contempt.
• Impact on Subordinate Courts:
– As the Constitution of India allows the superior courts
to punish for their contempt, likewise, The Contempt
of Court Act allows the High Court to punish for the
contempt for the subordinate courts.
68
Contd…

• International Disuse of the term ‘Contempt’:

– Already, contempt has become no longer in use in
foreign democracies, with jurisdictions recognizing
that it is an archaic law,

– For example:

– England dissolve the offence of scandalizing the

court in 2013.
– Canada ties its test for contempt to real, substantial
immediate dangers to the administration.
– American courts also no longer use the law of
contempt in response comments on judges or legal
matters.

69
 Prashant Bhushan and another
This case was one such landmark case that brought the limelight to the
scope of contempt of court.
Facts:
• As far as the facts of the case are concerned, Prashant Bhushan,
who was known for his exemplary contribution to the legal
fraternity tweeted two comments on the administration of justice
by the courts and on CJI SA Bobde.
• Firstly, on 27 June 2020, he posted a tweet that attributed
responsibility to the Supreme Court in ‘destructing’ India’s
democracy for the past six years.
• The second tweet was posted on 29 June 2020 that negatively
pictured the then Chief Justice of India S.A. Bobde while riding a
motorcycle.
• Although with regards to the second tweet a petition was filed in
the Court, the Supreme Court took suo moto cognizance of the
petition and initiated contempt proceedings against Prashant
Bhushan on 21 July 2020.

70
Contd…

• The Court held the prima facie view that the

said tweets brought the administration of
justice in disrepute and were capable of
undermining the dignity and authority of the
Supreme Court in general and of CJI’s office in
particular, in the eyes of the public at large.
• Thereby, the Court allowed the suo
moto contempt proceedings against him.

71
Contd…
• The Court was of the view that the inherent power of
the Supreme Court to take suo moto contempt
proceedings without the sanction of the Attorney
General was clearly specified in Section 15 of the
Contempt of Courts Act and the subsequent Rule 3.
• Moving further with regards to the tweets, the Court
observed that any publication that attacks an individual
judge or the court as a whole, casting unwarranted and
defamatory perceptions over the character of the
judges would be included within the meaning of
scandalizing the court. Such an act instils a sense of
distrust among the people and impairs their
confidence.

72
Contd…

• The Court held :

• neither the tweets imposed fair criticism on
the working of the judiciary nor any bona fide
intention was seen behind these tweets.
Therefore, the Court held Prashant Bhushan
guilty of criminal contempt and a fine of
Rupee 1 to be paid by him, in failure of which
he would be punished with 3 months
imprisonment and be debarred from
practicing law for 3 years.
73
 Arundhati Roy
[AIR 2002 SC 1375:(2002) 3 SCC 343]
• Contempt Petition (crl.) 10 of 2001
• Decided On: 06.03.2002
• Appellants: In Re: Arundhati Roy
• HON’BLE JUDGES/CORAM: G.B. Pattanaik and R.P.
Sethi, JJ.
• CITATION: AIR 2002 SC 1375,
(2002) 3 SCC 343,
[2002] 2 SCR 213

74
• Facts :
• This case concerns a Suo-moto contempt petition (that is, a
petition initiated by the Court on its own motion) against the
Respondent, Arundhati Roy, a Booker-prize winning author.
• During the course of a writ petition by grassroots-movement
Narmada Bachao Andolan, the Court addressed issues of
environmental damage and displacement of marginalized
communities due to the development of a reservoir dam on
the river Narmada.
• Following a Supreme Court order that allowed for the height
of the dam to be increased, the Respondent wrote an article
criticizing this decision.
• . Subsequently, protests were staged in front of the gates of
the Supreme Court by Narmada Bachao Andolan and the
Respondent
75
• This led to contempt proceedings based on a
complaint lodged with the police.
• During the proceedings, all Respondents denied
the allegations concerning specific slogans and
banners and the proceedings were dropped.
• On the basis of the above averments, Suo moto
contempt proceedings were initiated against the
Respondent for imputing motives to the Court.
• In her reply affidavit to the contempt notice, the
author reiterated her stance and stressed her
continuous dissent against the decision of the
Supreme Court.
• She further noted that she believed this to be a
matter of her right to express her opinions as a
citizen as well as a writer.
76
Contd…

ISSUE:
• Whether it would be permissible to initiate contempt
proceedings for scandalizing the court where the
contents of an affidavit cause no contempt to any
Judge personally but the action tried to cast an injury
to the public by creating a wrong impression in the
mind of the people regarding integrity, ability and
fairness of the judiciary?
• Extent to which and circumstances in which fair
criticism of Judge, court or its functioning would be
permissible under Article 19(1) (a) and (2)?

77
Contd…

RULE:
• Contempt of Courts Act, 1971 “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:
• 1. scandalises or tends to scandalise, or lowers or tends
to lower the authority of, any court, or
• 2. prejudices, or interferes or tends to interfere with,
the due course of any judicial proceeding; or
• 3. interferes or tends to interfere with, or obstructs or
tends to obstruct, the administration of justice in any
other manner.

78
Contd…
• Section 2(c) of the Act emphasizes to the interference
with the courts of justice or obstruction of the
administration of justice or scandalizing or lowering
the authority of the court – not the judge.
• Section 12 deals with the punishment for the contempt
of court.
• Section 14(2) permits a person charged with the
contempt to have charge against him tried by some
Judge other than the judge or judges in whose
presence or hearing the offence is alleged to have been
committed and the court is of opinion that it is
practicable to do so.
• Section 15 of the Act empowers the court to take suo
moto action for cognizance of Criminal Contempt.

79
• Court held :
• The Court ultimately found the Respondent
guilty of criminal contempt and sentenced her
to “symbolic” imprisonment of one day and
imposed a fine of Rs. 2000 with
• The proviso that if she failed to pay the fine,
she would be imprisoned for three months.

80
 In Re: Hon’ble Justice Shri C.S. Karnan
(2017)
• Facts :
• Justice Karnan, who was infamous for his actions
committed in a courtroom, accused many high court judges
of being corrupt, partial and dependent.
• A notice was sent to Prime Minister Narendra Modi to take
serious actions against his fellow judges.
• Further, Justice Karnan accused the then Chief Justice of
Madras High Court who went against one of his decisions.
• Justice Karnan also accused the judges of caste-based
discrimination against him. He repetitively filed several suo
motu cases against his fellow judges who voted for his
transfer even after the Supreme Court restrained him from
handling any administrative or judicial work.

81
Contd…
The Court observed :
• Justice C.S. Karnan has consistently committed criminal
contempt.
• Justice Karnan has scandalized several judges and accused
them of corruption and impartiality without providing any
evidence regarding the same.
• The obnoxious allegations made by him in front of the media
and the public at large tarnished the image of the courts and
the beliefs of people in the concept of justice.
• The conduct of the contemnor was both scandalising the
court as well as interfering with the court’s proceedings. The
Court was seemingly shocked at the behaviour of Justice
Karnan and stated that his actions constituted the grossest
and gravest actions of contempt of court.
• The Court held him guilty for criminal contempt of court and
82
sentenced him to 6 months imprisonment.
 Hari Singh Nagra v. Kapil Sibal
• Facts :
• In the case of the concept of fair and reasonable criticism was
established with respect to contempt proceedings.
• Advocate Kapil Sibal along with others sent a souvenir to be
published by an association of lawyers while expressing his
concern about the plight of the junior members of the Bar and
the falling standards of the legal fraternity.
• Initially, the souvenir was neither published in the public domain
nor was made available for sale, rather it was distributed only
among the members of the Bar.
• However, when the respondent was contesting the elections for
the Supreme Court Association, certain excerpts of his souvenir
were published in the Times of India newspaper. It was then
claimed by the petitioners that the said souvenir was
deliberated to bring disrepute to the administration of justice
83
and the functioning of the courts.
Contd…

• The Court has stepped beyond the narrow confines of the

contempt proceedings and established the concept of “fair”
criticism.
• The Court observed that any ridicule brought towards the
judges and the courts, that hampers the confidence and belief
of the public thereby deteriorating the foundation of justice
must be prevented at all times. But any criticism which is
reasonable, rational and sober, not coloured by any tactics
must be welcomed.

84
Contd…

• In accordance with Article 19(1)(a) of the

Constitution, freedom of speech and
expression when used by the Press and the
people to fairly criticize any judgment of the
court, then no criminal contempt is said to be
committed in such cases.
• Rather it is treated as a necessary right of the
people. Therefore, fair and reasonable
criticism on the working of the judges and the
courts can be made without condemning it as
contempt of court.

85
 Aditya Kashyap v. Rachita Taneja
(2020)
• Facts :
• In yet another ongoing case of Rachita Taneja who is a
cartoonist was accused of tweeting objectionable content
against the court by way of cartoons.
• The said post went viral and was widely shared and
subscribed to.
• The Attorney General added that such posts are made to
degrade the authority of the Supreme Court in the eyes of
the public and therefore, even the cartoons were in
contempt of the top court.
• It was contended by the contemnor that fair criticism
cannot be upheld to be contempt and that the foundation
of the Court is much stronger as one imagines.

86
 R.K.Anand v. Registrar, Delhi High Court
(2009) 8 SCC 106
• ISSUE: Whether the High Court to prohibit an
advocate from appearing before the High
Court and the courts sub-ordinate to it for a
specified period as one of the punishments for
criminal contempt of court?

87
Contd…
• RULE:

• Section 2(c)
• Contempt of Courts Act, 1971 emphasizes to the interference
with the courts of justice or obstruction of the administration
of justice or scandalizing or lowering the authority of the
court – not the judge.
• Section 12
• deals with the punishment for the contempt of court
• Section 34
• of the Act empowers the High Court to make rules laying
down the conditions subject to which an advocate shall be
permitted to practice in the High Court and the courts
subordinate to it.
88
Contd…

• APPLICATION:
• When a malefactor’s conduct and actions pose a real
and imminent threat to the purity of court
proceedings, cardinal to any court’s functioning, apart
from constituting a substantive offence and contempt
of court and professional misconduct,
• then in such a situation the court does not only have
the right but it also has the obligation cast upon it to
protect itself and save the purity of its proceedings
from being polluted in any way and to that end bar the
malefactor from appearing before the courts for an
appropriate period of time.

89
Contd…
• Hence, in the present matter, the hon’ble court
observed that, -
• in a matter as fundamental and grave as preserving
the purity of judicial proceedings, the High Court
would be free to exercise the powers vested in it
under Section 34 of the Advocates Act
notwithstanding the fact that Rules prescribing the
manner of exercise of power have not been framed.
• However, in the absence of statutory Rules providing
for such a course an advocate facing the charge of
contempt would normally think of only the
punishments specified under Section 12 of the
Contempt of Courts Act.
90
Contd…
• He may not even imagine that at the end of the
proceeding he might end up being debarred from
appearing before the court. The rules of natural justice,
therefore, demand that before passing an order
debarring an advocate from appearing in courts he
must be clearly told that his alleged conduct or actions
are such that if found guilty he might be debarred from
appearing in courts for a specific period.
• In order to avoid any such controversies in future, the
apex court had directed all the High Courts that have
so far not framed rules under Section 34 of the
Advocates Act, to frame the rules without further
delay.

91
Contd…

• CONCLUSION:
• The High Court can prohibit an advocate from
appearing before the High Court and the
courts sub-ordinate to it for a specified period
as one of the punishments for criminal
contempt of court in order to preserve the
purity of judiciary.

92
A.S. Mohd. Rafi v. State of Tamil Nadu
[AIR 2011 SC 308]
• HON’BLE JUDGES/CORAM:
Markandey Katju and Gyan Sudha Misra

• ISSUE:
Whether Bar Associations passing resolutions exhorting
lawyers not to accept briefs from particular persons is
null and void?

93
Contd…
RULE:
• Standards of Professional Conduct and Etiquette:
Chapter II, Part VI of the Bar Council of India Rules.
• The rules mentioned under this chapter provides a
general guide on conducts and etiquettes for the
advocates.
• The duty of the advocates to the Court, Client,
Opponent and Colleagues are specifically mentioned
through various sections under this Chapter.
• As per Section II, an advocate is bound to accept
any brief in the Courts/ Tribunals/ any other
authorities, for which he proposes to practise at a fee
in consistence with his standing at the Bar and the
94
nature of the case.
Contd…

APPLICATION:
• The greatest tradition of the bar is to defend
those who have been accused for a crime.
But when a resolution is passed by any bar
association which constrains its members
from defending certain persons, then such a
resolution acts against the norms of the
Constitution, the Statute and professional
ethics.
• The professional ethics requires that a lawyer
cannot refuse a brief,
95
Contd…
• provided –
• a client is willing to pay his fee,
• the lawyer is not otherwise engaged.
• Held:
• All such resolutions of any Bar Associations in India are
null and void.
• While referring to various historical examples, the apex
court held that, every person, however, wicked,
depraved, vile, degenerate, perverted, loathsome,
execrable, vicious or repulsive he may be regarded by
society, has a right to be defended in a court of law and
correspondingly it is the duty of the lawyer to defend
him.

96
Contd…

• Conclusion :
• The Professional Etiquette requires that a
lawyer cannot refuse a brief, provided a client
is willing to pay his fee, and the lawyer is not
otherwise engaged.
• Any resolution which exhorts lawyers from not
accepting a brief from a particular person is
null and void.

97
 Vidya Sagar
v.
Third Aditional District Judge, Dehradun
1991 Cr LJ 2286
• Held :
• Civil Contempt, actually, serves dual purpose:
(i) Vindication of the public interest by
punishment of contemptuous conduct; and
(ii) Coercion to compel the contemner to do
what the Court requires of him.
98
Contd…

• To constitute ‘Civil Contempt' the followings

are required to be proved:
1. There is disobedience of the order,
decree, etc. of the Court or breach of
undertaking given to the Court; and
2. The disobedience or breach is willful.

99
 N.S. Kumar, 1995 Cr LJ 1261
• Held :
• Usually the order should be served on the person against
whom it has been passed.
• However, where it is proved to the satisfaction of the Court
that the person against whom the order was passed had
actual knowledge of the order, he cannot escape liability
for contempt on the ground that the copy of the Order has
not been formally served on him.
• Once an order is made by the Court and a person is
charged with the allegation of non-compliance of that
order, he cannot plead that he was waiting for instruction
to comply with the Court's order can possibly contend that
he is to seek instructions from his superiors before he could
carry out his obligation of complying with the Court's order.

100
Contd…

• Thus, an undertaking may be given by an

advocate on behalf of his client provided he had
authority on behalf of his client to give such
undertaking.
• The basis for taking the breach of undertaking as
contempt of Court is that the contemner by
making a false representation to the Court
obtains a benefit for himself and if he fails to
honour the undertaking, he plays a serious fraud
on the Court itself and thereby obstructs the
course of justice and brings into disrepute the
judicial institution.

101
 Babu Ram Gupta v. Sudhir Bhasin
• compromise decree & Civil Contempt
• Supreme Court has made it clear that the breach
of undertaking recorded or forming part of a
compromise decree, would not amount to
contempt of Court.
• The Court has further observed that there is a
clear cut distinction between a compromise
arrived at between the parties or a consent order
passed by the Court at the instance of the parties
and a clear and categorical undertaking given by
any of the parties.
102
Contd…

• In the former, if there is violation of the

compromise or the order no question of
contempt of Court arises, but the party has a
right to enforce the order or the compromise
by their executing the order or getting an
injunction from the Court.

103
• Judge Edward Abbott Parry
• 8th lamps of advocacy –
• Justice V Krishnaswamy Aiyar :
• “Professional Conduct and advocacy”.
• He named 8th lamp of advocacy TACT

104
 Courage

Fellowship Wit

Honesty

Judgment Industry

Eloquence

105
 HONESTY

• Honesty should reflect in the thoughts, words

and behavior of an advocate
• increases the personal and professional
reputation
• includes his fame and trust with his clients and
bar.
• Towards Client
• Court
• Opposition 106
 COURAGE

• Courage means the ability to stand in front of

the court without any fear.
• proud and confident while arguing
• remove these problems fearlessly

107
 Wit

• a lawyer should have wit and a sense of

humour
• A person without a sense of humour will fight
the case with anger which isn’t good for
providing justice
• It keeps us calm and active
• A wit helps the advocate to stay focused on
his work and reduce the workload so that he
can remain relaxed
108
 INDUSTRY

• Ignorance of the law is not an excuse

• No advocate can win the case without
sufficient knowledge of the law.
• law is like an ocean; no one can be the master
of law
• But an advocate should know about the law
used in the case in which he is dealing for.

109
 ELOQUENCE
• It is the art of speaking
• long-lasting effect on the judge as well as the
clients and listeners in the courtroom.
• fluent and skillful use of communication
• An advocate can use the power of eloquence
by:
– noticing the faults made by the opposite party
– Presence of mind in the case
– Knowledge and practice
– By setting the relation between arguments and
110
justification
 JUDGMENT

• the deep study of the present case and then

make an informed opinion for that case
• think from two sides of the case
• It helps him to anticipate the problems and
tackle the same

111
 FELLOWSHIP

• An advocate must carry fellowship with his

colleagues
• Arguments does not make them opposite to
each other
• They are just making arguments for the sake
of justice only
• respect his opposite advocate

112
 Duties of an advocate

• Duty towards court

• Duty towards Client
• Duty towards Fellow advocates
• Duty towards Society

113
 Duty towards court

• Proper dress code

• Respect towards court
• To act in dignified manner
• No personal communication
• Refusal to appear before known person or
relative

114
 Duty towards Client

• Bound to accept brief

• Interest of the Client
• Not to disclose the communication with his
client
• Refusal to accept and or appear in the matter
where he himself is a witness
• No withdrawal from the service
• Not to suppress substantial facts or evidence
• Not to receive interest 115
contd…

• No bid or transfer of property in legal

proceeding
• Proper accounting
• Not to appear on behalf of opposition

116
 Duty towards Fellow advocates

• No advertisement

117
P.D. Gupta v. Ram Murthy and Anr.

• Facts:
• Srikishan Dass died leaving behind extensive
immovable properties.
• Claims to the said properties were made by
Vidyawati claiming to be the sister of the
deceased , Ram Murthy and two others who
claimed themselves to be the heir of the
deceased.

118
Contd…

• Later the said properties were purchased by

the advocate of Vidyawati knowing them to be
disputed.
• The advocate thereafter sold the property to a
third party and made profit. A complaint was
made against the advocate to the Bar Council
of Delhi.

119
Contd…

• Since the disciplinary committee of the Bar

Council of Delhi could not dispose of the
complaint within a period of –
• one year
• therefore the proceedings had been
transferred to the Bar Council of India under
Section 36-B of the Advocates Act.

120
Contd…

• The disciplinary committee of the Bar Council

of India found him guilty of professional
misconduct and suspended him from practice
for period of one year.

121
 MR. LAXMAN BAPPAJI NAIK (DEAD THROUGH LRS)
v.
RANJEET @ RANU YADAV DOKH & ANR

Civil Appeal No(s). 14083-14084/2015; July 27, 2023

THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

• Advocates Act, 1961; Section 35 –

• Professional Misconduct

122
Contd…

• FACTS:
• The complainant was a client of the A-1 and A-
2.
• The allegation made in the complaint filed by
the complainant was that A-1’s wife on the
basis of a document dated 04.02.1994 was
claiming right, title and interest in the
property subject matter of the case in which
the appellant-complainant had appointed the
A-1 and A-2 as advocates.
123
Contd…

• Advocate did not disclose that his wife was

the opposite party in the property dispute
case taken up by him
• Advocate’s son was assisting him in this case
• Disciplinary proceedings were initiated against
the two Advocates

124
Contd…

• After a full-fledged inquiry, the Disciplinary

Committee of the Bar Council of Maharashtra and
Goa came to the conclusion that both A-1 and A-2
were guilty of professional misconduct.
• D.C. : The Bar Council of Maharashtra and Goa found
that:
• (1) A-1’s wife had entered into a sale transaction in
respect of a number of properties which are the
subject matter of litigation in which A1 and A2
appeared as Advocates on behalf of the complainant;

125
Contd…

• (2) A-1 and A-2 did not disclose this material fact to
the complainant when he engaged them as his
advocates;
• (3) It is not the case of A-1 and A-2 that they had
disclosed the said vital fact to the complainant when
they were appointed by the complainant. But their
case is that he was aware of the same;
• (4) Notwithstanding the fact that an immediate
family member had a personal interest in the subject
property, both of them continued to represent the
complainant till 2004 in litigation pertaining to the
same property.
126
Contd…

• There were appeals preferred by both the parties which have

been decided by the impugned judgment and order by the
Bar Council of India.
• While confirming the penalty imposed by the Bar Council of
Maharashtra and Goa, by the impugned judgment, a direction
was issued to the A-2 to give an Undertaking to the State Bar
Council that he would not indulge in any professional
misconduct in future. He was directed to do so within a period
of two weeks.
• The Bar Council of India directed A-1 to pay costs of
Rs.50,000/- to the complainant and to deposit a sum of
Rs.50,000/- with the Advocates’ Welfare Fund Account of the
Bar Council of India.

127
Contd…
• Order:
• (a) We confirm the impugned orders subject to the
modification that A-2 (Ajeet Ranjeet Dokhe) shall file
an Undertaking with the Bar Council of Maharashtra
and Goa within a period of six weeks from today,
stating therein that he will maintain the highest
professional standards throughout his career and
shall always abide by the Rules of Professional Ethics
framed by the State Bar Council as well as by the Bar
Council of India;
• (b) On the failure of the A-2 to file said Undertaking
within six weeks from today, the Bar Council of
Maharashtra and Goa shall initiate appropriate
128
action against him in accordance with Section 35;
Contd…

• (c) We direct A-1 (Ranjeet @ Ranu Yadav Dokh) to

surrender his Enrolment Certificate/Sanad to the Bar
Council of Maharashtra and Goa within a period of
one month from today;
• (d) We direct the A-1 and A-2 to file compliance
reports regarding payment of the aforesaid amounts
and filing of an Undertaking. Compliance reports to
be filed within six weeks from today with the Registry
of this Court; (d) If full compliance is not reported by
A-1 and A-2 within six weeks from today, the Registry
shall list the appeals for directions before this Court;

129
 District Bar Association
v.
Ishwar Shandilya
(AIR 2020 SC 1412)

• Right to Protest by Bar Association

130
Contd…

• Special Leave Petition under Article 136

by the District Bar Association who felt
that the order by the Hon’ble High Court
of Uttarakhand, Dehradun violated their
right to protest as a fundamental right
under Article 19(1)(a) of the Constitution
of India.

131
Contd…

• The decision of the High Court to take an action

against the advocates who refused to represent their
client in front of the court in the lieu of a protest has
been challenged as an over-reach of its powers by
the District Bar Association, Dehradun who believed
that –
• abstaining from practising in the court and protesting
is the only way they can protest and make their
demands considered therefore any such act done in
good faith and intention is covered under the Section
48 of the Advocates Act, 1961 which protects them
from any impunity by the court.
132
Contd…

• While balancing the right to protest with the

right to a fair trial, Supreme Court had to
consider the implications of the protest of the
court, one of many is resultant damage to the
client to whom the advocate agreed to
represent.

133
Contd…

• This case shows the bureaucratic nature of the

structure of the profession, who has the final
say in regulating the behaviour of the
advocates and who does not have the
imprimatur.
• This court also reflects the duty of the High
Courts and Supreme Courts to maintain the
efficacy of the lawyers alongside with the
court where they practise.

134
• Judgment:
• The Supreme Court taking in consideration the
right to protest under Article 19(1)(a) of the
Indian Constitution and also the right to
ensure smooth functioning of the courts, held
that advocates cannot abstain from
representing the client under the garb of a call
for strike.

135
• It held that any call for a strike by Bar
Associations is fraudulent and illegal and
Advocates should seldom follow them.
• Being a professional ecosystem, resistance
cannot be excused under the lieu of right to
protest which cannot be exercised in contrary
of the Indian Judicial System. They cannot
thus disrupt court proceedings and put
interest of their clients in jeopardy.
136
• The Supreme Court therefore, upheld the
decision of the High Court to punish the
misdemeanor of the defaulting advocates and
disrupt the working of the court. Therefore,
the Special Leave Petition was dismissed.

137
 Hikmat Ali Khan v. Ishwar Prasad
• Facts:
• Ishwar Prasad Arya, respondent No.1, was
registered as an advocate with the Bar Council
of Uttar Pradesh and was practising at
Badaun.
• An incident took place on May 18,1971 during
lunch interval at about 1.55 p.m. in which
respondent No.1 assaulted his opponent
Radhey Shyam in the court room of
Munsif/Magistrate, Bisauli at Badaun with a
knife. 138
Contd…

• A pistol shot is also said to have been fired by

him at the time of incident.
• After investigation he was prosecuted for
offences under Section 307 of the Indian Penal
Code and section 25 of the Arms Act

139
Contd…

• the reasons aforementioned the appeal is

allowed the impugned order dated September
8 1985 passed by the Disciplinary committee
of the Bar council of India in D.C. appeals nos.
17 and 17-A of 1984 passed by the
Disciplinary committee of the Bar council of
U.P. in D.C. case No. 40 of 1983 is upheld with
the modification that -

140
Contd…

• instead of his being debarred from practising

as an advocate for a period of three year the
name of respondent no. 1 be removed from
the state roll of advocates.
• No order as to costs.

141