CITY ACADEMY LAW COLLEGE

LL.B.(3 year)VI Semester

Professional Ethics
Unit1

Syllabus Historical development of legal ethics in

india constitution, Function, powers and
jurisdiction of state Bar Council and Bar
council of India. Admission and enrolment
of Advocates. (2017,2018,2021)

Q.1 What is legal profession? Discuss its growth and historical

background in India? 2017,2018,2021,2023
Answer-1. Legal Profession before British Period:- The in
stitution of legal profession in India dates back to ancient period of history. It is apparent from the
writings of Narada, Katyana and Manu that there were lawyers to appear before the courts of kings to
argue for their relatives or clients. There were no remuneration for their services of legal advice
and arguments.
In the Muslim Period, there is mention of body of persons called Vakils,
who represented their clients in the courts of decision was justice and equity.
The Mayor's court derived its power and authority from British Crown, the
Kazis, Muftis and Moulvies. The Vakils were not at all paid regular fees
rather they paid fixed percentage of the amount of the suits.
2. Legal Profession during British Period:
A) Legal profession under Mayor's Court-
i) 1726, there was no uniformity in the system of courts of Britishers in India. By
passage of charter of 1726 ineach Presidency to Mayor court was established.
ii) In each of Presidency town Calcutta, Bombay andMadrasas Mayor' scourt was established.
B) Legal Profession under Supreme Court of Judicature:
i) The passage of Regulating Act,1773 and charter of 1774was landma
rk indirection of legal profession in India.
ii) Under these Acts provision were made for establishment of
Supreme Court of Judicature at Fort William in Calcutta similarly was
established at Madras and in 1823 another Supreme Court was
establish at Bombay.
In this way uniformity was established in all threepresidency town
in the matter of maintaining courts there.

3..Legal Profession afterin dependence:

Legal Profession under the Advocates Act1961:
The Advocate Act was enacted to amend the law relating to legal
practitioner in the country. In the pith and substance, this Act in an
enactment dealing with qualifications, enrollment, right to practice and
 discipline of advocates. Provision have been made for the establishment of
a Bar Council in each state, under section 3and a Bar Council for the
territories to which this Act extends, to be known as Bar council of India,
Bar Council of India shall be body corporate having perceptual succession
and a common seal with power to acquire, hold and dispose of movable and
immovable property and to contract by which it is known sue and be sued
(Sec. 5).
The advocates Act has elaborately discussed provisions relatingenrolment of ad
vocates their admission and rights disciplinary action for professional and other
misconducts of advocates, and punishment to advocates for committing
misconducts etc.
 Q.2Discuss the constitution, power sand functions of State bar Council.
(2017) (20018) (2021)

Answer2 -State Bar Councils

The State Bar Councils are statutory bodies established underSection 3 of the
Advocates Act, 1961. They work in coordination with and under the
supervision of the Bar Council of India, which is a national body established
under Section 4 of the Advocates Act, 1961.
Structure of State Bar Councils – Section 3 of the Advocates Act mandates
that there shall be a Bar Council for every State and it shall be called as Bar
Council of that state. There shall be a Chairman and Vice Chairman of each
Bar Council elected by the Council. The Advocate –
General of a state shall be ex – officio member of that State Bar Council. There shall be15
Members in a State Bar council if the electorate doesn’t exceed 5,000. And it
becomes 20 if the electorate ranges between 5,000 –10,000. There shall be 25
members in the Council if the number exceeds 10,000. The members of the
Council are elected through a system of proportional representation by means
of the single transferable vote from amongst Advocate son the electoral roll of
the State Bar Council.
Powers of State bar Council
a) Power to make rules.
b) Power to punish Advocate
c) To appoint Committee sand Staff Members
d) To Maintain Account sand Conduct Audit
Functions of State Bar Councils – Section 6 of the Act laysdown the import
ant function sofa State Bar Council. They are as follows:
• To admit persons as Advocates on its roll.
• To entertain and determine cases of mis conduct against Advocates onits roll.
• To safe guard the rights , privileges and interests of Advocates on its roll.
• To promote and support law reform.
• To organize legal aid to the poor.
• To manage and invest the funds of the Bar Council.
• To provide for the election of its members.
• To perform any other functions as prescribed by the Act.
Q3 Discuss the constitution and functions of Bar Council of India.(2013,2017,2021,2023)

Answer-Constitution of Bar Council of India:

According to Sec. 4(1) of the Advocates Act 1961, there shall
be Bar Council for the territories to which this Act extends to be known as
Bar Council of India, which shall be consist of the following members,
namely-
a) The Attorney General of India, Ex-officio.
b) The Solicitor-General of India, Ex-officio.
c) One member elected by each State Bar Council from amongst its members.
According to Sec. 4(2) there shall be a Chairman and Vice Chairman
of Bar Council of India elected by the council in such manner as may be
prescribed provided that such person shall continue to carry on the duties of
his office until the chairman or the vice chairman, as case may, of the
council elected after commencement Advocates (Amendment Act) 1977
assumes change of the office.
Sub-Section (3) of Sec. 4 provides that the term of the office of a
member of the Bar Council of India elected by State Bar Councils shall -
i) In the case of a member of State Bar Council who holds office
ex-officio, be two
ii) Years from the date of election or till he ceases to be a member of
the State Bar Council.
iii) In any case be for the period for which he holds so fficeasamember
of State Bar Council provided that every such member shall continue
to hold office as a member of Bar Council of India until his successor
is elected.
The following are the function of the Bar Council of India:-
1. General Function:
According to Sec. 7(1) of the Advocate Act 1961, general functions of
the Bar Council of India shall be-
1. To lay down standard so professional conduct and etiquette for advocates.
2. to lay down the procedure to be followed by its disciplinary
committee and disciplinary committee of each State Bar
Council.
3. To safe guard the rights, privileges and interests of the advocate.
4. To promote and support law reform.
2. To admit as Advocates:
Sub-section (1) of Sec. 20 provides that not with standing anything
contained in this chapter, every advocate who was entitled as of right to
practice in the Supreme Court immediately before the appointed day, and
whose name is not entered in any state roll, may within prescribed time,
express his intention in the prescribed form to the Bar Council of India for
 the entry of his name in the roll of a State Bar Council, and State Bar
Council concerned shall comply with such direction.
Like other Bar Councils the Bar Councils of India may also appoint
committees and staff members. Sec.9 (1) of Advocate Act provides that a
Bar Council shall constitute one or more disciplinary committees, each of
which shall consist of three persons of whom two shall be persons elected
by the council from amongst its members and the other shall be a person
co-opted by council from amongst advocates who possess the qualifications
specified in Sec. 3(2) and who are not members of the councils and the
senior most amongst the members of disciplinary committee shall be the
Chairman thereof.
3. To maintain account sand conduct audit:
According to Sec. 12(1) of the Advocate Act, like other Bar Councils, the
Bart Council of India shall cause to the maintained such books of accounts
and other books in such a form and in such a manner as may be prescribed.
Q4 Discuss the procedure for the enrolment of an Advocate as per Advocate Act
1961. (2014) (2018) (2019) (2021) (2024)

Answer4:-
Persons who may be admitted as Advocate on a State Roll.—Section 24 of
the advocates Act, deals with the provisions about the persons who may
admitted as Advocates on a State Roll. The self – explanatory provisions of
Section 24 are as under:
1. Subject to the provisions of this Act, and the rules madethe re under
, a person shall be qualified to be admitted as an advocate on a State
Roll, if he fulfills the following conditions, namely:
(a) He is citizen of India:
(b) He has completed the age of twenty one years;
(c) He has obtain a degree in law—
(d) (I) beforethe12th day of March, 1967 from any university
in the territory of India; or
(ii) Before the15th day of August, 1947,
from anyuniversity in any area which was comprised before that date,
with in India as defined by the Government of India Act, 1935 or
(iii) After the12th day of March, 1967, save as provided in sub-clause
(iii-a),after under going a three
years course of study in-law from any university India, which is
recognized for the purposes of this act by the Bar Council of India,
(e) He fulfils such other conditions as may be specifiedin the rules m
ade by the State Bar Council under this Chapter;
(f) He has paid , in respect of the enrolment , stamp duty ,if any , char
ge able under the Indian Stamp Act, 1899 (2 of 19899) and an enrolment
fee payable to the State Bar Council of India, on hundred and fifty rupees
by way of bank draft drawn in favour of that Council :
Provided that where such person is a members of the Scheduled
Castes or Scheduled Tribes and produces a certificate to that effect from
such authority as may be prescribed , then enrolment fee payable by him
to the State Bar Council shall be , one hundred rupees and to the Bar
Council of India, twenty five rupees.
The Supreme Court has held in V. Sudeer vs . Bar Council of
India, (1999)2 SCC 176, that Bar Council of India cannot take up the role
of laying down pre-enrolment
training for applicants seeking to enter the legal profession bygetting enrolle
d under Section 24 of the Advocates Act.
 In Indian Council of Legal Aid and Advicev .Bar Council of
India ,AIR 1995 SC 69, the Supreme Court has observed that a rule
debarring a person, who has completed 45 years of age, from enrolment as
an Advocate, is beyond the rule making power of Bar Council of India and
ultra vires the Advocates act, 1961.
In Bar Council of India v. Aparna Basu Mallick, AIR 1994
SC 134, the
Supreme Court has observed thatunder Section 24 (1) (c) (iii) of the Advoc
ates on a State Roll if he fulfils the conditions of having undergone a three
years course of study in law from any university which is recognized by the
Bar Council of India.
 CITY ACADEMY LAW COLLEGE

LL.B(3YEAR) 6TH SEM

SUBJECT: PROFESSIONAL ETHICS

UNIT II

Syllabus- Profession ethics and advocacy, standard of professional, Conduct and etiquette,
conflict between interest and duties, duty to court, Duty to client, duty to opponent, duty to
colleagues, Duty towards society and obligation to render legal aid.

Q.1 What do you understand by Professional Ethics? Discuss the Lawyers

accountability towards courts and clients?

Answer: It means a code of rules which regulates the behaviour and conduct of a practicing
lawyer towards himself, his client, his opposite party, his counsels and of course towards the
court. Ethics means principles of behaviour which are applied to an ordinary citizen in the
society, that shall be the standards of morals for a lawyer too.
Section 49(l)(c) of the Advocates Act, 1961, engages the Bar Council of India to make
obligations in order to endorse the scale of professional conduct and decorum to be seen by the
advocates. Section II of Part VI of the Rules confined by the Bar Council of India manages the
principles of expert direct and decorum.

Advocate’s duty towards the court:

1. To Act in a proper manner
2. Respect the Court
3. No communication in private
4. Refusal to act in an illegal manner towards the opposition
5. Refusal to represent clients who insists in any unfair means of practice
6. Appear in proper dress code
7. Not to appear in matters with financial interest
8. Not to stand as surety for the clients

Advocate’s duties towards his client:

1. Bound to accept briefs.
2. Not to withdraw from service.
3. Not to appear in matters in which he is a witness.
4. Full and frank disclosure to the client.
5. Uphold interest of the client.
6. Not to suppress any material of evidence.
7. Not to disclose any information of his client and himself.
8. Not to receive any interest in actionable claim.
9. Not to charge depending on the success of matters..
10. Keep proper accounts etc.
 Professional Ethics

Unit 2

Q.2 Explain the power of Disciplinary Committee to punish to advocate and

other misconduct.

Answer.

State Bar Council and its disciplinary committee

1 Organization.—Section 35 of the Advocates Act makes it clear that 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 that case for disposal
to its disciplinary committee. Section 9 of the Act requires the State Bar Council to
constitute one or more disciplinary committees. Each of such committee is required to
consist of amongst its members and the other shall be a person co-opted by the Council
from amongst advocates who possess the qualifications specified in the proviso to sub-
section (2) of Section 3 and who are not members of the Council and the senior most
Advocate amongst the members of a disciplinary committee shall be the chairman thereof.
2. Initiation and procedure—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. Where a case is
referred to the disciplinary committee for inquiry and disposal the committee is required to
fix a date for the healing of the case and cause a notice thereof to be given to the advocate
concerned and the Advocate-General of the State.

3. Powers—Section 35 provides that after giving the advocate concerned and the
Advocate-General an opportunity of being heard, the disciplinary committee of a State
Bar Council may make any of the following orders—

(a) dismiss the complaint or where the proceedings were initiated at the
instance of the State Bar Council, direct that the processing 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 advocate from the State roll of advocate.

Section 42 of the Advocate Act deals with the power of the disciplinary
committee. It provides that 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 in
respect of the following matters—
(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 affidavit;
(d) Requiring any public record or copies thereof from any court or office;
(e) Issuing commissions for the examination of witnesses or documents;
Section 43 of the Act makes provisions in respect of the cost of proceedings before the
disciplinary committee.

Section 44 of the Act empowers the Disciplinary Committee to review its order.
 Professional Ethics

Unit 2

Q.3 Discuss the fiduciary relationship between an advocate and his client.

Answer.

Generally the relation between an advocate and his client is fiduciary. It is of confidential
nature requiring a high degree of fidelity and good faith. In V. C. Rangadurai v D. Gopalan,
Justice Sen has observed that the relation between the advocate and his client is purely
personal evolving a highest personal trust and confidence. An advocate should not be
considered an agent or servant of his client.
Rule14 made by the Bar council of India clarify that an advocate shall at the
commencement of his-engagement make all such full disclosure to his client relating to lies
connection with the parties.
Rule15 provides that it shall be the duty of an advocate peerlessly to up hold the
interests of his client by all fair and honorable means without regard to any other.
Rule22 provides that an advocate shall not purchase, either in his own name or in
any other name, any property sold is the execution of a decree or order in any suit, appeal or
other proceeding in which he was in any way professionally engaged.
Rule24 makes it clear that an advocate shall not do anything when by the abused or
takes advantage of the confidence reposed in him by his client.

In case of P.D.Gupta v Ram Murti, an advocate purchased property which was subject
matter of litigation from his client at throw away price. There was a doubt cast on the
client’s title to the property and the advocate was aware of this fact. He sold the property to
a third person and made profit. He was held-guilty of professional misconduct.
In Vekas Deshpande v Bar council of India, the appellant advocate took advantage
of the situation that the complainants facing death sentence and obtained the power of
attorney on mis-representation in his favour and sold the property of the complainants.
Besides, the appellant advocate fraudulently appropriated the sale proceeds for his gain. The
court held that he had committed a grave professional misconduct. The Disciplinary
committee of Bar council of India permanently debarred him from practicing as an advocate.
The punishment was upheld by the Superme Court. The State Bar Council could not
complete the producing within a period of one year and therefore the complaint was
transferred to the Bar Council of India under section 36B of the Advocate Act 1961 and
there upon the Disciplinary committee of the Bar council of India Passed the aforesaid order
for permanently departing him from practice and his order was found proper by the Supreme
court.
In Harish Chand Singh v S.N. Tripathi, a senior advocate appointed his own junior
and tried to dispose of complainant in consolidation case. He mis-guised his juror and tried
to dispose of complainant’s property in favour of his own father, the senior advocate was
held guilty of professional misconduct. He was suspended from practice for two years.
Thus, it is clear that all the Advocate must respect the fiduciary relation with their
clients.
 Professional Ethics

Unit 2

Q.4 What are the Lawyer’s duty towards society?

Answer.
Lawyer’s duty towards society:-

Advancing Social Justice

Lawyers can represent individuals or groups who have been discriminated against or
marginalized in society. They can also work to promote equality & fairness in the legal system.

Protecting Human Rights

Lawyers who are specialized in human rights law can represent individuals or organizations who
have had their rights violated. They can also work to hold governments and other entities
accountable for human rights abuses.

Promoting the Rule of Law

Lawyers must abide by ethical and professional standards and ensure that justice is served.
Lawyers can also work to improve the legal system by advocating for changes to existing laws or
participating in law reform.

Providing Pro Bono Services

Pro bono work refers to legal services provided by lawyers to individuals or organizations who
cannot afford to pay for legal services. Pro bono work is an essential part of the legal profession,
and many lawyers consider it their duty to give back to their communities in this way.

Providing Mediation and Alternative Dispute Resolution

Lawyers can provide mediation and alternative dispute resolution services to help parties resolve
disputes outside of the courtroom. This can save time and money and can help to preserve
relationships between parties.

Protecting Intellectual Property

Intellectual property is a valuable asset for many businesses, and lawyers can help ensure that it
is protected from infringement.

Representing the Underprivileged

Lawyers can represent underprivileged individuals and groups, such as those who are homeless,
disabled, or have limited access to resources. This can help to ensure that their legal rights are
protected and that they have access to justice.

Advocating For Environmental Protection

Lawyers can advocate for environmental protection by representing individuals or organizations
in environmental litigation, providing advice on environmental regulations and promoting
sustainable practices.
 CITY ACADEMY LAW COLLEGE
LLB 3 YEAR
6th SEMESTER
PROFESSIONAL ETHICS
UNIT 3
(Syllabus)-Unit –III Bench-Bar-Relationship
Reciprocity as partners in administration of justice, Professional misconduct,
Rights and Privileges of Advocates.

Q. 1- What do you understand by Bar- Bench? State the importance of healthy Bench-Bar
relations in administration of justice.
Ans.-
Bench and Bar are the two arms of the same machinery and unless they works harmoniously Justice
can't be properly administered through the courts of law but lapses occur from both sides which tend
to stiffen their Relationship the lawyer in the discharge of their duties have some times use
expressions which may not be palatable to the court but they are never used either with the intention
of offering any insult or causing any interruption to the proceedings of the court.

Being officers of the court the lawyers owe the duty to maintain respectful attitude towards the court
lawyers have to assist the court in the administration of Justice for which they have to collect case
law and there by help the court to arrive at proper decision of the case during presentation of the case
as well as arguing the case before organizing the case before the court they are required to behave
with dignity and self respect. The lawyers have to present proper behavior and conduct towards the
presiding officer of the court not only during the course of proceeding in the court but outside the
court also. They are not expected to influence the Judge through illegal gratification or other
improper means which may Jeopardize the interest of Justice the lawyers are required to maintain
absolute rest joint in case of words during the course of pleadings and other proceedings in the court
which will mark has reputation as well as his good behavior to wards the court.The Rules of the Bar
Council of India have been elaborately puts lawyers under legal and normal obligation to fulfill and
observe during the course of their legal profession. On the other hand the behavior of the Judge
towards the lawyer also plays an important role in the due administration of the Justice. It is the
behavior of the Judge with the
lawyers which makes the atmosphere of the court quite cordial and congenial a Judge has to be
impartial in his dealings with advocate. The Judge should not only before from bias or interest in any
case rather he should not be guided by the obstinacy and snobbery in his conduct with advocate it is
so because the life liberty reputation and property of the citizens are greatly influence by the decision
of the Judge. The judge has to play a very temperate and sober role in the dispensation of Justice to
the society which he can fulfill by observing sober cordial and imparted behavior towards the
lawyers at large Mr. C.L.A. and has summed a few important obligations that the Judge owe to the
members of the Bar in following words.
The first duty which the Judges owed to the Bar is of consideration and courtesy the second
important duty of a judge towards the Bar is to respect and safeguard its privileges. The third
important duty which a Judge owes the council is patient hearing of the case. The judge has no
business to form a fore hand opinion before the case is heard by him. In Mahant Hakumat Rai
Emperorcase it was held that.
Bench should only take step in contempt when there is real and grave danger which may
result in the obstruction of Justice or in scandalizing the court. Incidents of high temper giving rise
to misunderstanding are not uncommon between the members of the Bar and Bench and the Bar are
equal partners in the administration of Justice to act with restraint and circumspection and bear with
incidents which arise because of short tamper or understanding.
Q.2- Discuss seven lamps which are essential qualities for being a lawyer. What does Lord
Eldon want to say is this maxim. ―A lawyer must live like a hermit and work like a
horse‖? Discuss
Ans.-
It is true that when a new entrant comes to the legal profession the practice is to expect honey from a
piece of stone. Knowledge of law is not enough. He has to learn and cultivate advocacy so as to
please the Bench and attract the client. It is well known fact that successfulness at bar is not
necessarily connected with high qualitative degree secured from college nor a client is interested in
the high legal and academic qualification of his advocate. A good lawyer has to possess as wide
knowledge of subjects, as he can and wide knowledge will immensely help him in presentation of
the case.
Seven lamp of advocacy were advocated by Justice abbott Parry in his well known book of the same
title i.e. The Seven Lamps of Advocacy. These lamps are- (1) Honestly, (2) Courage (3) industry
(4) Wit (5) Eloquence (6) judgment and (7) Fellowship
Honesty- Honesty if the best policy still for advocate. Alone with intellectual light of an Advocate, he has to
rise in high moral stature. Mr. Nageshwar Prasad point out: “His honesty should be unquestioned and
unquestionable. No temptation should move him from his path of rectitude. No favour or frowns should be
able to deflect him from his duties to the client and the Court. No hopes of personal benefit expected from any
Individual or the state should stand in the way of his honest discharge of duties. Moral excellence is most
required element in legal profession.
Courage- Courage is most essential element in dealing with the bench. R. Jethamalani argues that it requires
highest moral courage to prevent a Judge from falling into an error of taking a view of law which is unknown
to the other side but has been clearly and finally overruled. According to Daniel Wbester the power of clear
statement is the great power at Bar.
Industry- Successfulness by lack is not creditable or believable in the legal profession. There is nothing like
luck at bar. The secrecy of a successful lawyer lies in this hard work. R.K. Soonavala rightly points out “Go
and ask any successful lawyer at the top and his advice to you will come of just two words Hard work.
Carlyle used to say labour is worship. Hard work is the care of all success at the bar.
Wit- The lamp of wit is needed to lighter the darkness of advocacy. Often the wit of a lawyer will turn a
judge from an unwise course, where judgment or rhetoric would certainly fail. Wit may add a sense of
humour with the Judge. An advocate was putting a clear version of correct law before a pompous Judge. The
Judge struck to his version and said “you can’t teach me the law.” That is so, my Lord, “replied the advocate,”
nobody can.
Eloquence- For a successful advocacy fluency of speech is very essential. It may be natural quality. But it
can be achieved in two ways: firstly, the advocate should notice the faults of other and secondly, he should
mix with people who possess ready logic and lively imagination. Eloquence is logic on fire. It is the
transference of thought and emotion from one neat to another.
Judgment- An advocate should exhibit intellectual faculty to reach at convincing conclusion. He should avoid
prolixity. He should take proper judgment and advice to his client accordingly.

Fellowship-An advocate should maintain amicable relation with his colleagues. Judge Abbott Parry rightly
observes in his book: The seven Lamps of Advocacy” as follows: An advocate taking in fellowship, careless
of the sacred traditions of brotherhood which have kept the lamp of fellowship burning brightly for the Bar
through many centuries, a man who joints the Bar merely as a trade or business and does not understand that
is also a professional community with public ideas misses the hear of the thing.

.”Tact-Tact is one of the greatest assets of an advocate. A judge is after all a human being, however anxious
he may be to do justice tactlessness by counsel often damage his client’s case.Mr. Justice Raj Kishore Prasad
in his article, what I Expect from An Advocate suggests of moral equipment. He should never interrupt the
Judge when he speaks but should wait for the Judge to complete his statement. He should take time consider
the question put by the judge to him in all aspects and hen give in reply. A hurried reply may lead him into a
trap.
 LLB 3 YEAR
6th SEMESTER
PROFESSIONAL ETHICS

Q.3 what do you mean by contempt of Court. Which publication and judicial proceedings
do not come under Contempt Act 1961?
Ans.-
Meaning of the Expression ―Contempt of Court‖—The terms, ―Contempt of Court‖ have
neither been defined in the Constitution nor in any other statute, but there have been judicial
interpretation of the same.
In Dhrubdeo Tewari v. Thakolal Gagnuly, (1970) cr.LJ 1687 it has been held that to speak generally,
Contempt of Court, may be said to be constituted by any
conduct that tends to bring the authority and ;the administration of the laws into disrespect or disregard, or to interference
with or prejudice parties, litigants, their witnesses during the ligigation.” This has been elaborated by Mr. Justice
Williams, J. IN Miller v. Knox, (1838) 4 Binz N.C. 574 at p 589 as follows:
“It contempt of Court) consists in a party’s doing otherwise than he is enjoined to do, or not doing what he is
commanded or required by the process, order or decree of the court.”
Defence in Contempt—Certain defences have been provided to the condemner under Contempt of Courts Act, 1971.
Under Sections 3 to 7 of the Contempt of Courts Act, 1971, defences have been provided to the person charged with
criminal contempt. However, under Section 8 of the 1971Act it has been explained that the defences other than those
mentioned in Section 3 to 7 are not affected. Under certain headings these defence have been discussed below—
Innocent publication and distribution of matter—Sub section (I) of Section 3 provides that a person shall not be guilty of
contempt of court on the ground that he has published (whether by words spoken or written or by signs or by visible
representations or otherwise) any matter which interferes or tends to interfere with or obstructs or tends to obstructs, the
course of justice in connection with any civil or criminal proceedings pending at the time of publication, if at that time he
had no reasonable grounds for believing that the proceedings was pending.
Under Contempt of Courts Act, 1871, the definition of the word, “good faith’ has not been provided. So the meaning of
“good faith”, given in Indian Penal Code will apply. Section 52 of the Indian Penal Code defines the expression, “good
faith”, as nothing is said to be done or believed in good faith, which is done or believed without done care and attention.
In State v. Ram Chandra Mahapata, (1975) 41 Cuttak Law Times 329, it has been held that the degree of care will vary
with the degree of danger which may result form the want of care. Where the peril is the greatest causation, it is not open
to a defeated litigant to make reckless allegation without any foundation to vindicate his defeat in the litigation.
I. (ii) If the proceeding is not pending at the time of publication—According to sub-section (2) of Section 3, the
publication of any such matter as is mentioned in sub-section (1) of Section 3, in connection with any civil or criminal
proceedings which is not pending at the time of publication, shall not be deemed to constitute contempt, if the contemner
proves that the proceedings in relation to which such publication has been made, was not pending at the time of the
publication.
I. (iii) Innocent distribution or publication—Sub-section (3) of Section 3 of the Contempt of Courts Act, 1971, lays
down that a person shall not be guilty of contempt of court on the ground that he has distributed a publication containing
any matter which interferes or tends to interfere with or obstructs or tends to obstruct the course of justice a in
connection with any civil or criminal proceedings pending at the time of distribution thereof it, at the time of the
distribution thereof, he had no reasonable ground for believing that it contained or was likely to contain any such matter.
II. Fair and Accurate Reporting of Judicial Proceedings—Section 4 of the Contempt of Courts Act, 1971, lays down
that subject to the provisions contained in Section 7, a person shall not be guilty of contempt of court for publishing a
fair and accurate report of a judicial proceeding or any stage thereof.
III. Fair Criticism of Judicial Act—Section 5 of the Contempt of Courts Act, 1971, describes that fair criticism of
judicial act is not contempt. This section provides that a person shall not be guilty of contempt of court for publishing
any fair comment on the merits of any case which has been heard and finally decided.
Fair Comment—Section 5 of the Contempt of Courts Act, 1971, makes fair comment a good defence provided the
comment is on the merits of the case and the case has been heard finally decided.
V. Contempt not punishable in certain cases—Section 13 of the Contempt of Courts Act, 1971, lays down that
notwithstanding anything contained in any law for the time being in force, 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 is substantially interferes or
tends substantially to interfere with the due course of justice. The use of word, “substantial” in Section 13 poses for
consideration the “seriousness” of the contempt. In Kuldeep Rastogi v. Vishwanath Kahnna AIR 1979 Delhi 202, it has
been held that if the degree of harm caused to the administration of justice is slight and beneath notice, the court will not
punish for contempt.
 CITY ACADEMY LAW COLLEGE
LLB 3 YEAR
6th SEMESTER
PROFESSIONAL ETHICS
UNIT 4

(Syllabus)
Unit –IV Contempt of court: Historical development of contempt of court Act in
India, object and constitutional validity of contempt of court definition and kinds of
contempt, contempt by judges, Magistrate, Lawyers and other persons congnizame,
Procedure, Appellate Provisions regarding contempt defences, Punishment and
remedies against punishment for contempt of court and punishment for contempt,
defences under contempt of court.

Q. 1- What are the different types of contempt of court? Discuss criminal contempt with the help
of suitable cases.
Categories of Contempt of Court - Section 2 (a) of the contempt of courts Act 1971 provides that
contempt of court means civil contempt or criminal contempt. However the categories of contempt are
not closed by this definition there are several instances of contempt which are taken as contempt of
court although they don't fall in any of the categories specified in the contempt of court Act 1971 for
example under delay in pronouncing the order by a Judge or a Judge coming late to the court may
amount to contempt of court but they are not covered exactly by the definition or classification of
contempt in the Act.
Civil Contempt - Civil contempt are taken as acts and Omissions in procedure involving a private
injury by the disobedience of the Judgment order or other process of the court. or willful breach of
under taking given to a court.
Disobedience of Order decree etc. - To constitute Civil contempt there must be order decree etc. of
the court or undertaking given to the court there must be disobedience there to or breach thereof. For
Civil contempt it is necessary that order which has been disobeyed must have been passed by the court
having Jurisdiction to pass such order.
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 has actual
knowledge of the order, he can't escape liability for contempt on the ground that the copy of the order
has not been formally served on him.
Breach of Undertaking - Breach of undertaking given to the court is also taken as contempt if it is
willful. Where a person is committed for contempt for breach of undertaking the under taking must be
given to the court. The undertaking given by one party to the another is not sufficient for this
purpose. An under taking may be given by the party himself or by any other person on his behalf
provided in the later case the person giving the undertaking has authority to give such undertaking the
basis for taking the breach of undertaking as contempt of court is that the condemner by making a false
representative to the court obtains a benefit for himself and if he fails to honor undertaking he plays a
serious fraud on the court itself and there by obstructs the course of Justice and brings into the Judicial
institution. Any person appearing before the court can give an undertaking in two ways -
i.that he files an application or a affidavit clearly selling out the undertaking given by him to the court.
ii.by clear and express oral undertaking given by the condemner and incorporated by the court in its
order.
Supreme court has made it clear in Babu Ram Gupta Vs. Sudhir Bhasin that the breach of undertaking
recorded or forming part of compromise would not amount to contempt of court.
Willful disobedience - Mere disobedience of the order of court is not sufficient to constitute civil
contempt the disobedience must be willful the element of willingness is an indispensable
requirement. In Jiwani Kumar Vs. Satya Brata Chakravarty S.C observed " In our opinion before a
party can be committed for contempt there must be a willful or deliberate disobedience of the orders of
the court. The word willful is of central importance. Which means the action or state for which
compulsion of ignorance or accident can't be pleated as excuse, intentional, deliberate, due to perversity
or self will.
Criminal Contempt - A criminal contempt has been defined as a conduct that is directed against the
dignity and authority of the court or a Judge acting Judicially. It is an action obstructing the
administration of Justice which leads to bring the court into disrepute or disrespect by the section 2 (c)
of the contempt of courts Act the contemptuous two us act or words may be published it may be either
by words spoken or written or by signs or by visible representation or otherwise of any matter or the
doing of any other act.
Doing of any other Act - Meaning of any other act refers of something other than publication. In court
of its Own Motion Vs. Milkihi Ram - The accused hurled shoe at the Magistrate and apposed in
filth words. It amounted to doing any other act of scandalizing the court and the concerned Judge.
Such Act must fall into following category.
Scandalizing the Court or lowering the authority of the court - Sub clause (1) of Section 2
(c) The publication or doing of any other act which centralize or text scandalize to centralize or
lowers or tend to lower the authority of court of the court is taken as criminal contempt for this purpose
actual Canalizations of the court or lowering of the authority of the court is not necessary. It is
sufficient if the publication has tendency to Scandalize or lower the authority of court.
Interferes or tends to interfere with the due course of any Judicial proceeding - Publication or
doing of any other Act which prejudices or interferes or tends to interfere with the due course of any
Judicial proceeding is treated as contempt of court the reason why such trials are considered to be
contemptuous are because they supplant the established institutions of administration of Justice and put
in Jeopardy the prospects of a fair trial which are being carried on in correspondence to the law of the
land. The following acts can be interference in due course of any Judicial proceedings.
Interference with officers of the court - In this context Hals bury has observed any act which prevents
or is intended to prevent an officer of the court from carrying out his official duties is a contempt of the
court contempt by obstructing an officer of the court is furnished for the purpose of vindicating the
dignity of the court or the person or the officer but to prevent improper interference with the
administration of Justice. It has been held that a receiver or a special officer appointed by the court is an
officer of the court similarly a liquidator winding up a company or sequestrates are also officers of the
court. Interference with their possessions is interference with court.
Interference with Judges - It has been held that any interference with a Judge in the discharge of his
duty with a view to influencing him in deciding the case amounts to contempt of the court similarly
writing threatening or abusive letter to Judge relation to his Judicial functions amounts to contempt. In
the sam way a party who made private
Q.2-Which publications and judicial proceedings do not come under contempt of courts Act, 1971?
Discuss it.

ANS- The answer shall contain following important points:

Categories of contempt of court – Section 2(a) of the contempt of courts Act 1971 provides that contempt

of court means : Civil contempt Or Criminal contempt

Civil contempt:-

▪ Disobedience of order decree etc.

▪ Breach of undertaking
▪ Willful disobedience
Criminal contempt :-
▪ Doing of any other Act.
▪ Scandalizing the court
▪ Interferes or tends to interfere with induce course of any judicial proceeding

Defences in criminal contempt - Certain deference's have been provided to the contemnor under contempt
of courts Act 1971 - under section 3 to 7 of the Act. defenses have been provided to the person charged with
criminal contempt. Under certain headings these defense have been discussed below -
1.Innocent publication and distribution of matter - Sub Section (1) of section 3 provides that a person shall
not be guilty of contempt of court on the ground that he has published whether by words spoken or written or by
signs or by visible representations or other wise. Any matter which interferes or tents to interfere with or obstructs
or tends to obstruct. The course of Justice in connection with any civil or criminal proceedings pending at the time
of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending.
Similarly subsection (2) of section 3 lays down any publication of civil or criminal proceedings which not
pending at the time of publication shall not be deemed to constitute contempt of court.
Sub section (3) provides that a persons shall not be guilty of contempt to court on the ground that he has
distributed a publication containing any such matter. Further this section provides when it is called
that Judicial proceeding is pending in case of civil proceeding when it is in situated by the filing of plaint it starts
and continues till the final decision of appeal or revision. Similarly proceeding in criminal cases starts when
charges are framed and continues till final decision of appeal or revision.
2.Fair and Accurate Reporting of Judicial proceeding - Section 4 of the contempt of courts Act 1971 lays
down that subject to the provisions contained in section 7 a person shall not be guilty of contempt of court for
publishing a fair and accurate report of a Judicial proceeding or any stage thereof. According to section 4 a person
to claim. Privilege and protection of section 4 of the Act. The report of the Judicialproceeding is required to be
fair and accurate in public interest.
Section '7' provides a person shall not be guilty of contempt of court for publishing a fair and accurate report of
Judicial proceeding before any court sitting in chambers or in camera except in the following cases. Where
a.publication is contrary to the provisions of any enactment for the time being in force.
b.Where court on the ground of public policy prohibits the publication.
c.Where court sits in camera for reasons connected with public order & security of the state.
d.Where the information relates to a secret process, discovery or invention.
3.Fair Criticism of Judicial Act - Section 5 of the contempt of courts Act 1971 describes that fair criticism
of Judicial act is not contempt. This section provides that a person shall not be guilty of contempt of court for
publishing any fair comment on the merits of any case which has been heard and finally decided.
Fair Comment - In order that a comment may be fair the following conditions must be satisfied.
a.It must be based on facts truly stated. No comment is fair if it is based or a mistake of facts.
b.It must not contain imputation of corrupt or dishonorable motives on the person whose conduct or work is
criticized save in for as, such imputations are warranted by the facts.
c.It must be honest expression of the writer's real opinion.
4.Bonafide complaint against presiding officers of subordinate courts - Section 6 of contempt of courts Act
1971 lays down that a person shall not be guilty of contempt of court in respect of any statement made by him in
good faith concerning the presiding officer of any subordinate court to -
a.any other subordinate court. OR
b.the High court
To which it is subordinate in this section subordinate court means any court subordinate to a high court.
5.Contempt's not punishable in certain cases - Section 13 of the contempt of court act 1971 lays down that
not with standing anything contained in any law for the time being in force no court shall impose a sentence under
this Act for a contempt of court. Unless it is satisfied that the contempt is of such nature that it substantially
interferes on tends substantially to interfere with the due course of Justice.
6.Defenses in Civil Contempt - The defenses to a condemner in civil contempt can be consider under following
headings -
1.Disobedience or breach of under taking was not willful - Under cases of civil contempt it is necessary that
there has been 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 in case the contemnor is successful to prove that there was no
willful disobedience OR breach of undertaking given to a court he may be absolved of the liability of civil
contempt. In short in his defense the court cornercomplaint of the disobedience or breach of undertaking given to
a court which was not willful. I may be noted that where the contemnor is aware of a court's order etc. and the
consequences of its disobedience but still ignores it that disobedience will amount to willful and the contemnor will
not be successful to prove his innocence that court is free to presume the intention of the person through the act
done by him.
2.Courts Order passed without Jurisdiction - Where an order of the court has been passed without Jurisdiction
the disobedience of that order will be a defense for the accused person in a contempt proceeding. An order passed
by a court having no Jurisdiction over that can be disobeyed as there can be no violation of the order of that court
which had no Jurisdiction to pass the order.
3.Order Disobeyed is vague on the record - Vague order the court can be disobeyed by the concerned
party. The ambiguity in the order of the court is valid defense to the court owner in contempt proceeding so the
order of court is must not be vague for obedience by the parties.
4.When the question of interpretation of order is involved - In TMA Pai Foundation Vs. State of
Karnataka - Supreme court held that defense arises when there is involved a bonafide question of interpretation of
govt. order when there in no doubt that the direction of the order is clear there is no questions of any doubt arising
as to the meaning or interpretation of the order Hence No defense of civil contempt would be available to the
person concerned.
5.Compliance of Direction in order dependant upon determination of other facts -
In Attorney General V. Walthamstow U.DC. - It has been held that in case of disobedience of positive orders it
is the duty of the party concerned to find out the proper means of obeying the order. But it would be valid defense

to say that the compliance with the order was impossible. 1. Ignorance of Court's order - Ignorance of courts
order is a valid defense for the person against whom contempt proceedings are to be under taken. Thus where a
party continues to make construction of a boundary wall prior to receiving an order of status quo under Section
144 (2) of Cr. P.c. without the knowledge of the order there is no question of contempt arise.
Q.3-Can a Judge by liable for committing contempt of his/her own Court?
Ans.-
The answer shall contain following important points:
Judicially by judges magistrates another person acting – section 16 of contempt of courts Act
1971 deals with contempt by judges, magistrates or other persons acting judicially.
Case :-
Har Kishan Singh
Vs
Chhotan Mahatess AIR1981

Judicially by Judges, Magistrates or other person acting—Section 16 of Contempt of

Courts Act, 1971 deals with contempt by Judges, Magistrate or other persons acting

judicially. The provision of this section are as follows:-

Section 16(1) Subject to the provisions of any law for the time being in force, a Judge,

Magistrate or other persons 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, as 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 subordinate court in any appeal or

revision pending before such Judge, Magistrate or other person against the order or

judgment of the subordinate court.

Sub-section (1) of Section 16 provides that Judges, Magistrates or other persons acting

judicially will be liable for contempt to the same extent as an individual. Sub-section (2)

of Section 16, however, protects observation or remark made by a Judge or a Magistrate or

any other person acting judicially regarding a subordinate court when any appeal or

revision is pending before such Judge, Magistrate or other person from the order or

judgment of that subordinate court.

In Session Judge, Meerut v. F.S. Fanthome, AIR 1955.