LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 1

ASSIGNMENT
CA1 PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING
SYSTEM OF (LAW514)

SUBMITTED TO: DR. RAMESH KUMAR

SUBMITTED BY: JASLEEN KAUR

REG. NO. : 11715579

SECTION: L1701
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 2

1. INTRODUCTION OF PROFESSIONAL ETHICS

“The Profession Of Law Is A Noble Profession With The Referrence To Professional Ethics, Harboured
In Compliance With The Established Set Of Rules And Code Of Conduct For Advocates .”
 Ethics denotes human behavior to make
decisions between what is truthful and what
is not. Professional ethics are those set code
or moral principles that govern a person's
behavior in a professional workplace or work
life. In the legal profession, an advocate must
obey professional codes for fair dealing with
the client and maintain and uphold the self-
possession.

2. IMPORTANCE OF ETHICS FOR ADVOCATES

 The code of conduct in any profession is important, and perhaps the most pressing in the legal
profession where lawyers are particularly viewed with suspicion. Compulsory conduct is therefore
essential in ensuring the integrity of employees and the legal system as a whole.
 Lawyers and other legal practitioners are often confronted with conflicting interests from the clients
they represent, in the community for larger and more independent purposes. Legal principles are
therefore important in helping an attorney to navigate the critical balance of these interests and work
for the best promotion.
 The code of conduct also protects the interests of the injured client and ensures that they receive the
service without discrimination. If advocates do not follow, and promote, the principles of justice,
fairness and equality, the law itself will be violated and public confidence in the law will be
undermined, thus preventing access to justice. Therefore, the legal profession has a great responsibility
to the community as sponsors of the rule of law, as
well as defenders of individual rights in the fight
against abuse of power.
 The Supreme Court in Hamraj L. Chulani v. Bar
Council of Maharashtra and Goa1 , has rightly
observed that the legal profession is a companion
with the judiciary in the administration of justice.

1 AIR 1996 SC 1708

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3. CHANGES IN LAW OVER THE TIMES

 In Ancient India it was the mandate that the King should decide cases legally. The pre-existing law
covered many aspects and spectrums including orders or authority given to Shastras, smritis, customs,
rajdarma, moral law, livelihoods, social regulation, employment background law, moral sense,
doctrine of equality, etc. Laws, to some extent, naturally include internal moral discipline and coercion
by higher authorities. It is called that the observance of the Rule of Law in modern society is a sine
qua non for the survival of democracy.
 Over time the law has made many necessary changes according to social change. Now that this work
has gained the nobility, no one in this world can argue that lawyers are responsible for the rule of law
and make the courts more protective guarantee of intangible citizens' rights. Lawyers are therefore
responsible to see that the Rule of law is maintained and all its purposes are protected.
 The objectives thus include preventing the growth of deviant behavior in a civilized society, acquisitio n
of a pattern of corrupt and depraved behavior, etc. A common legal system - a legal system based on
recorded judicial precedents - came to India with the British East India Company. The company was
granted a document by King George I in 1726 to establish Mayoral Courts in Madras, Bombay and
Calcutta (now Chennai, Mumbai and Kolkata respectively).
 The company's judicial activities increased significantly after its victory in the Battle of Plassey and
with 1772 corporate courts increased from three major cities. In doing so, the company replaced the
existing Mughal system in those parts. The coding of the law also began vigorously with the formatio n
of the first Law Commission. Under the direction of its Chairman, Thomas Babington Macaulay, the
Indian Penal Code was drafted, established and implemented in 1862. The commission also drafted
The Code of Criminal Procedure. Management of other laws and codes such as the Evidence Act
(1872) and the Contracts Act (1872).
 At the time of the beginning of independence, India's independent parliament was the site of a draft
document that would lead to a new nation. It will fall into the official mind of B. R. Ambedkar to frame
a constitution for a new independent nation. The Constitution of India is a guiding light in a ll
administrative, legal and judicial matters in the country. It is broad and intended to be sensitive.
 The Constitution changed the direction of the program introduced earlier to further the interests of the
colonial and state states in India, firmly on the social side. The Constitution also stipulates that legal
interpretation seeks to empower vulnerable members of society.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 4

4. NEED FOR PROFESSIONAL ETHICS

 The American Bar Association Committee has

well explained the necessity of the code of legal
ethics. It is evident that the legal profession is actually
the keystone of the arch of Government. If it is weak,
then it is allowed to be the subject of corruption again
the destructive influe nce of those, who are controlled by
art, greed or profit or otherwise wrong motive, sooner
or later the arch should collapse.
 The future of the country depends on the maintenance of the temple of justice, which is clean and
which cannot be opened by lawyers. It cannot be maintained so, unless the operation and motives of
lawful members work is what they argue to be. Therefore, it becomes an obvious and simple task of
advocates to exercise their influence in every legal way to assist and form the Bar it has to be.
 The committee also noted that members of the Bar, such as judges, they are judges of the court and as
judges, they should hold positions only at a reasonable time, this behavior and ethics should be defined
and measured by standards of conduct, no matter how high, as needed to keep the administration of
justice, clean and undefined. Such standards can be included in the written code of ethics and lawyer
failure to comply with that, should not be allowed to practice or retain membership in a particular
organization.

The rules mentioned in chapter II of part VI of the rules of Bar Council of India may be discussed as
follow:
Advocate's Duty Towards the Court:

1. Act in a dignified manner: At the time of his trial and while he was serving in court, an advocate
must act in a dignified manner. However, whenever there is a valid reason for a serious complaint
against a judicial officer, an advocate has the right and duty to bring his or her complaint to the
appropriate authorities. This was held in the case of Dr. D.C Saxena v. Hon'ble The Chief Justice of
India.2
2. Respect the court: An Advocate must always show respect in court. In U.P. Sales Tax Service
Association v. Taxation Bar Association3 , it was held that an Advocate must remember that the dignity
and respect reserved for the office of justice is essential to the survival of a free society.

2 (1996) 7 SCC 216.

3 AIR 1996 SC 1384.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 5

3. Not communicate in private: An Advocate should not speak privately with a judge in relation to any
matter pending before a judge or another judge. An Advocate should not interfere with the court's
decision in any matter using unlawful or improper means such as coercion, bribery etc, it was held in
the case of Rizwan-Ul-Hassan v. State of U.P., AIR 1953 SC 250.
4. Refuse to act in an illegal manner towards the opposition: In M.Y. Shareef & Anr. v. Hon'ble
Judges of Nagpur High Court & Ors., (1955) 1 SCR 757, it was held that an advocate must refuse
to act in an illegal or improper manner against the opposition lawyers or opposition parties. He will
also use his best efforts to prevent and prevent his client from committing any unlawful, inappropriate
or unfair practices against any person concerned with justice, opposition lawyers or opposition parties.
5. Refuse to represent clients who insist on unfair means: An Advocate shall refuse to represent any
client who demands to use improper or improper means.
6. Appear in proper dress code: An advocate must appear in court at all times only in a suit imposed
by the Bar Council of India and his or her appearance must be maintained.
7. Refuse to appear in front of relations: An advocate should not enter into a view, do anything, plead
or act in any way before the judicial authorities if one person or any member of the bench is related to
the advocate.
8. Not to wear bands or gowns in public places: An advocate should not wear bands or gowns in public
places outside the courts, except during such observances and at other places such as the Bar Council
of India or as ordered by the court.
9. Not represent institutions of which he is a member: An advocate must not appear in or before any
judicial authority, or in any institution if he or she is a member of the administration of the instit utio n.
10. Not appear in matters of pecuniary interest: An advocate should not make or plead in any matter
where he or she prefers finances.
11. Not stand as surety for client: An advocate must not stand as collateral, or guarantee the security of
the collateral required by his client for the purpose of following any legal procedures.

Advocate's Duty Towards The Client

1. Bound to accept briefs: An advocate is obliged to accept any complaint in the courts or courts or
before any other authority that he or she has proposed to exercise. He must pay the amount
corresponding to the fees collected by other attorneys for his position in the Bar and the nature of the
case. Special circumstances may permit him to refuse for a time, it was held in the case of S.J.
Chaudhary v. State.4
2. Not withdraw from service: An advocate should not normally withdraw from working for a client
once he or she has agreed to work for it.
3. Not appear in matters where he himself is a witness: An advocate must not accept a summary or
appear in the case where he or she is a witness.

4 AIR 1884 SC 1755.

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4. Full and frank disclosure to client: An advocate must, at the beginning of his or her engagement and
in the process, make all full and transparent disclosures to his or her client about his or her interactio ns
with the parties and any interest or disputes that may affect his or her client's judgment.
5. Uphold interest of the client: It will be the advocate's duty to fearlessly consider the interests of his
or her client in all appropriate and dignified manner.
6. Not suppress material or evidence: An advocate from a criminal prosecution must conduct the trial
in a manner that does not lead to the conviction of the innocent.
7. Not disclose the communications between his client and himself: An advocate should not in any
way, directly or indirectly, disclose the communications made by his client to him. Nor will he disclose
the advice given by the process. However, he or she is responsible for disclosure in contravention of
Section 126 of the Indian Evidence Act, 1872.
8. An advocate should not be a party to stir up or instigate litigation: An advocate shall not at any
time be a party to the stimulating litigation.
9. An advocate should not act on the directions of any person other than his client or the client's
authorised agent.
10. Not charge depending on success of matters: An advocate does not have to pay for his or her services
depending on how successful the case is. Nor will he charge for his services as a percentage of the
value or assets acquired after the success of the matter.
11. Not receive interest in actionable claim: An advocate should not trade or agree to receive any share
or interest on any claim that may be made.
12. Not bid or purchase property arising from legal proceeding: An advocate should not in any way
call, or buy, either in his own name or in any other way, for the benefit of himself or for any other
person, any property sold in any legal process in which he has been operating properly.
13. Not bid or transfer property arising from legal proceeding: An advocate must not in any way apply
for a court auction or purchase in the form of a sale, gift, exchange or other means of transfer any asset
subject to any claim, complaint which way professionally.
14. Not adjust fees against personal liability: An advocate must not adjust the amount paid by his client
against his or her obligation to the client, which does not arise when he or she is employed as an
attorney.
15. An advocate should not misuse or take benefit of the confidence rested in him by his client.
16. Keep proper accounts: An advocate must always keep the financial accounts of the clients entrusted
to him. Accounts must show the amount received from the client or in his or her name.
17. Divert money from accounts: An advocate must state in his / her accounts what funds he / she has
received from the client for the money or expenses during the proceedings or opinion.
18. Intimate the client on amounts: In P.J. Ratnam5 , the court held at when any value is obtained on
behalf of his client, the fact that the receipt should be communicated to the client as soon as possible.
If the client demands payment of that fee and in spite of that need, an advocate does not pay him, you
will be guilty of misconduct at work.
19. Adjust fees after termination of proceedings: An advocate after the completion of the proceedings,
will be free to adjust his payment from the client's account.
20. Provide copy of accounts: An advocate must provide the client with a copy of the client's account
which he or she has kept on request, provided that the required copying fee is paid.
21. An advocate shall not enter into activities or arrangements whereby funds in his hands are converted
into loans.
22. Not lend money to his client.
23. Not appear for opposite parties.

5 AIR 1962 AP 201.

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5. PROFESSIONAL MISCONDUCT OF LAWYERS IN INDIA

 Advocacy is a noble profession and an advocate is the most accountable, privileged and erudite person
of the society and his act are role model for the society, which are necessary to be regulated.
Professional misconduct is the behaviour outside the bounds of what is considered acceptable or
worthy of its membership by the governing body of a profession. Professional misconduct refers to
disgraceful or dishonourable conduct not befitting an advocate.
 Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. It describes provisions
relating to punishment for professional and other misconducts. Section 35(1) of the Advocate Act,
1961, says, 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 it disciplinary committee. Generally legal profession is not a trade or business, it’s a
gracious, noble, and decontaminated profession of the society. Members belonging to this profession
should not encourage deceitfulness and corruption, but they have to strive to secure justice to their
clients. The credibility and reputation of the profession depends upon the manner in which the
members of the profession conduct themselves. It’s a symbol of healthy relationship between Bar and
Bench.
 The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition for
professional misconduct because of its wide scope, though under Advocates Act, 1961 to take
disciplinary action punishments are prescribed when the credibility and reputation on the profession
comes under a clout on account of acts of omission and commission by any member of the profession.
 Meaning and Definition Profession is a vocation requiring some significant body of knowledge that is
applied with high degree of consistency in the service of some relevant segment of society, by Hodge
and Johnson. Occupation especially one requiring advanced education and special training by A. S.
Hornby. It is different from other types of jobs, in the sense that it requires skills and these skills will
be improved with experience. The attributes of a profession as laid down by Dalton E. McFarland are;
1) The existence of a body of specialized knowledge or techniques
2) Formalized method of acquiring training and experience
3) The establishment of representative organization with professionalism as its goal.
4) The formation of ethical codes for the guidance of conduct.
5) The charging of fees based on services but with due regards for the priority of service over the desire
for monetary rewards.
 A person who carries/undertakes the profession is called a professional. Depending on the profession
a person undertakes, he/she is identified with a special name relevant to the profession. Misconduct,
according to Oxford dictionary means a wrongful, improper, or unlawful conduct motivated by
premeditated act. It is a behavior not conforming to prevailing standards or laws, or dishonest or bad
management, especially by persons entrusted or engaged to act on another's behalf. The expression
professional misconduct in the simple sense means improper conduct. In law profession miscond uct
means an act done willfully with a wrong intention by the people engaged in the profession. It means
any activity or behaviour of an advocate in violation of professional ethics for his selfish ends. If an
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 8

act creates disrespect to his profession and makes him unworthy of being in the profession, it amounts
to professional misconduct. In other word an act which disqualifies an advocate to continue in legal
profession.
 To understand the scope and implication of the term ‘misconduct’, the context of the role and
responsibility of an advocate should be kept in mind. Misconduct is a sufficiently wide expression,
and need not necessarily imply the involvement of moral turpitude. ‘Misconduct’ per se has been
defined in the Black’s Law Dictionary to be “any transgression of some established and definite rule
of action, a forbidden act, unlawful or improper behavior, willful in character, a dereliction of duty.”
 In a different context, the Supreme Court has opined that the word “misconduct” has no precise
meaning, and its scope and ambit has to be construed with reference to the subject matter and context
wherein the term occurs. In the context of misconduct of an advocate, any conduct that in any way
renders an advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the
administration of justice may be considered to amount to misconduct, for which disciplinary action
may be initiated.
 Darling J, defined the expression professional misconduct in, In re A Solicitor ex parte the law society
as, It is shown that the advocate in the pursuit of his profession has done something with regard to it
which would be reasonably regarded as disgraceful or dishonourable by his professional brethren of
good repute and competency, then it is open to say that he is guilty of professional misconduct.
Misconduct is sufficiently comprehensive to include misfeasance as well as malfeasance and is applied
to the professional people, it include unprofessional acts even though they are not inherently wrongful.
The professional misconduct may consist the fact in any conduct, which tends to bring reproach on the
legal profession or to alienate the favourable opinion which the public should entertain concerning it.
In State Of Punjab v. Ram Singh, the Supreme Court held that the term misconduct may involve
moral turpitude, it must be improper or wrong behaviour, unlawful behaviour, willful in character, a
forbidden act, a transgression of established and definite rule of action or code of conduct, but not mere
error of judgement, carelessness or negligence in performance of duty.
 The Supreme Court has, in some of its decisions, elucidated on the concept of ‘misconduct’, and its
application. In Sambhu Ram Yadav v. Hanuman Das Khatry, a complaint was filed by the appellant
against an advocate to the Bar Council of Rajasthan, that while appearing in a suit as a counsel, he
wrote a letter stating that the concerned judge, before whom the suit is pending accepts bribes, and
asked for Rs. 10,000 to bribe and influence the judge to obtain a favourable order. The Disciplinar y
Committee, holding that the advocate was guilty if “misconduct”, stated that such an act made the
advocate “totally unfit to be a lawyer.”
 The Supreme Court, upholding the finding of the Rajasthan Bar Council held that the legal profession
is not a trade or business. Members belonging to the profession have a particular duty to uphold the
integrity of the profession and to discourage corruption in order to ensure that justice is secured in a
legal manner. The act of the advocate was misconduct of the highest degree as it not only obstructed
the administration of justice, but eroded the reputation of the profession in the opinion of the public.
In another case, Noratanman Courasia v. M. R. Murali the Supreme Court explored the amplitude
and extent of the words “professional misconduct” in Section 35 of the Advocates Act.
 The facts of the case involved an advocate (appearing as a litigant in the capacity of the respondent,
and not an advocate in a rent control proceeding) assaulted and kicked the complainant and asked him
to refrain from proceeding with the case.
 The main issue in this case was whether the act of the advocate amounted to misconduct, the action
against which could be initiated in the Bar Council, even though he was not acting in the capacity of
an advocate. It was upheld by the Supreme Court that a lawyer is obliged to observe the norms of
behavior expected of him, which make him worthy of the confidence of the community in him as an
officer of the Court. Therefore, inspite of the fact that he was not acting in his capacity as an advocate,
his behavior was unfit for an advocate, and the Bar Council was justified in proceeding with the
disciplinary proceedings against him.
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6. PROVISIONS IN ADVOCATES ACT 1961

 The Advocates Act 1961, is a comprehensive legislation that regulates the legal practice and legal
education in India. It envisages for the establishment of Bar Council of India and State Bar Councils
with various disciplinary committees to deal with misconduct of the advocates. It also provides for the
provisions relating to the admission and enrolment of advocates and advocates right to practice.
 Chapter V containing sections 35 to 44 deals with the conduct of the advocates. It provides for
punishment for advocates for professional and other misconduct and disciplinary powers of the Bar
council of India. In order to attract the application of section 35 of the advocates act the misconduct
need not be professional misconduct alone.
 The expression used in the section is Professional or other misconduct. So even conduct unconnected
with the profession may account to a misconduct as for example, conviction for a crime, though the
crime was not committed in the professional capacity. At the same time it is to be noted that a mere
conviction is not sufficient to find an advocate guilty of misconduct the to be noted that a mere
conviction is not sufficient to find an advocate guilty of misconduct, the court must look in to the
nature of the act on which the conviction is based to decide whether the advocate is or is not an unfit
person to be removed from or to be allowed to remain in the profession.
 Misconduct is of infinite variety, the expression professional or other misconduct must be understood
in their plain and natural meaning and there is no justification in restricting their natural meaning. The
term misconduct usually implies an act done willfully with a wrong intention and as applied to
professional people it includes unprofessional acts even though such acts are not inherently wrongful.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 10

7. PUNISHMENT FOR MISCONDUCT

Section 35 of The Advocates Act, 1961 provides punishment for professional or other misconduct by an
advocate. The disciplinary committee looks into the punishment. The disciplinary committee shall fix a date
of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. The
disciplinary committee of the State Bar Council, after hearing both the parties, may:

1. Dismiss the complaint;

2. Reprimand the advocate (giving warning);
3. Suspend the advocate from practice for a period as long as it deems fit;
4. Remove the name of the advocate from the bar (state roll of advocates).

Disciplinary Committee of State - Bar Council of India - Disciplinary Committee of Bar Council of India
- Supreme Court
CONTEMPT OF COURT
Contempt of Court refers to the offence of disrupting the dignity or authority of a court. The objective
for contempt is stated to be to safeguard the interests of the public if the authority of the Court is
degraded and public confidence in the administration of justice is deteriorated or eroded. The Supreme
Court and High Courts originate their contempt powers from the Constitution under Article 129 and
Article 215 respectively. The Contempt of Court Act, 1971, outlays the procedure in relation to
investigation and punishment for contempt. There are two kinds of Contempt:

 Civil contempt: According to Section 2(b) of the Contempt of Courts Act, 1971 'civil contempt' means
willful disobedience to any order or other process of a court or willful breach of an undertaking given
to a court.
 Criminal contempt: According to Section 2(c) of The Contempt of Courts Act, 1971, 'crimina l
contempt' means the publication of any matter, whether by word, spoken or written, or by signs, or by
visible representation, or otherwise, or the doing of any other act which includes :

o Scandalizing or tends to scandalize, or lowers or tends to lower the authority of the court, or
o Prejudice or interference with the due course of any judicial proceeding, or
o Interference or tends to interfere with, or obstruction or tends to obstruct the administration of
justice in any other manner, etc.
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PUNISHMENT
Section 12 of the Contempt of Court Act, 1971 deals with the punishment for contempt of court which is
simple imprisonment for a term up to six months and/or a fine of up to ₹2,000 or both.
In Supreme Court Bar Association v. Union of India & Anr.6 , the Judge held that procedural
aspect for Contempt of Court may still be prescribed by the Parliament so that it could be
applicable in the Supreme Court and the High Court which means that Section 12(1) of the
Contempt of Court Act, 1971, which prescribed a maximum fine of Rs. 5000 and simple
imprisonment for a term of six months shall be applicable in this case.
In Zahira Habibullah Sheikh & Anr. v. State of Gujarat & Ors.7 , it was held that the
punishment that is given for contempt in the Contempt of Court Act, 1971 shall only be
applicable to the High Court only but for the Supreme Court, it acts as a guide. The judgment
that was given was not accompanied by rationality; this was bothersome because the Supreme
Court has been given great powers that the drafters of the Indian Constitution has also not
given.
Sudhakar Prasad v. Govt. of A.P. and Ors. 8 , this case is also very similar to the Supreme
Court Bar Association Case. In this case also once again the Supreme Court declared that the
powers to punish for contempt are inherent in nature and the provision of the Constitution only
recognised the said pre-existing situation and the provision of the Contempt of Court cannot
be used to limit the exercise of jurisdiction given in Article 129 and Article 215 of the
Constitution.

6 AIR 1998 SC 1895.

7 (2004) 4 SCC 158.
8 (2001) 1 SCC 516.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 12

8. THE CODE OF CONDUCT PRESCRIBED FOR ADVOCATE

 Section 49 of the Advocates act 1961 empowers the Bar Council of India to frame rules regulating
standards of professional conduct. Accordingly various duties are prescribed for the advocates some
of them are highlighted below. No advertising or soliciting work, it is against an advocate’s code of
ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. Both direct
and indirect advertising is prohibited.
 An advocate may not advertise his services through circulars, advertisements, touts, personal
communication or interviews not warranted by personal relations. Similarly, the following forms of
indirect advertising are prohibited:
(i) By issuing circulars or election manifestos by a lawyer with his name, profession and address
printed on the manifestos, thereby appealing to the members of the profession practicing in the
lower courts who are in a position to recommend clients to counsel practicing in the HC.
(ii) Canvassing for votes by touring in the province or sending out his clerk or agents to the various
districts, which must necessarily mean directly approaching advocates practicing in
subordinate courts. Further, the signboard or nameplate displayed by an advocate should be of
reasonable size. It should not refer to details of an affiliated by the advocate i.e. that he is or
has been president or member of a bar council or of any association, or he has been a Judge or
an Advocate-General, or that he specializes in a particular kind of work, or that he is or was
associated with any person or organization or with any particular cause or matter.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 13

9. CASE ANALYSIS OF LT. COL., S.J. CHAUDHARY VS STATE (DELHI

ADMINISTRATION)

Name of Court: IN THE COURT OF CRIMINAL APPELLATE

JURISDICTION: Criminal Misc
Case no with year: AIR 1984, SC 618
Name of Judge (s)/Justice (s)/Bench: E Venkatara, O. Chinnappa
Reddy, R B. Mishra
Title of case/Parties name (s): S.J. Chaudhary vs. State of Delhi
Date of pronouncement of Judgment: December 2, 1983
Head Note (s): The petitioner sought modification of the Court's order that the
trial should proceed from day to day on the ground that his advocates were not
prepared to appear in the case from day to day as the trial was likely to be
prolonged. Dismissing the petition.

ACT: Criminal Procedure-Trial by sessions court to proceed from day to day.

Trial-when could be adjourned.

Practice- Duty of Advocate.

 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 14

10.FACTS OF THE CASE:

1) The brief facts of the case are that Rani Chaudhary got married to Sqn. Ldr. Pritam Singh and out of
the wedlock, she had two daughters, namely, Mini and Maitri. After the death of her husband, she
started living at D-5, South Extension, Part-I, New Delhi. Rani Chaudhary had acquaintance with Lt.
Col. S.J. Chaudhary, who was a divorcee at that time. On 31.3.1971, Rani Chaudhary got married to
Lt. Col. S.J. Chaudhary and out of this wedlock one daughter, namely, Sonali was born on 24.08.1972.
Their marriage could not continue harmoniously, so Rani Chaudhary started living separately at her
parents’ house at Defence Colony, New Delhi, with effect from May, 1976. Lt. Col. S.J. Chaudhary
continued to harass Rani Chaudhary.
2) Rani Chaudhary filed a petition for divorce under Section 13(1)(1a) of the Hindu Marriage Act, in the
Court of District Judge, Delhi, and on 6.12.1979, an ex-parte decree of divorce was granted in her
favour. Accused S.J. Chaudhary after coming to know about the ex-parte decree, filed an appeal before
the Delhi High Court on 5.03.1980. He also filed two petitions in the Court of Additional District
Judge, Delhi, one for setting aside the ex-parte decree of divorce granted in favour of Rani Chaudhary
and the other for restraining Rani Chaudhary from marrying Kishan Sikand. A restraint order was
passed against Rani Chaudhary from marrying Kishan Sikand, pending decision of the divorce petitio n.
On 6.1.1981, the Additional District Judge dismissed the petition for setting aside the ex-parte decree
of divorce and also vacated the injunction order restraining Rani Chaudhary from remarriage.
3) On 9.01.1981, accused S.J. Chaudhary got another order from the High Court of Delhi restraining Rani
Chaudhary from remarriage till further orders. This order was vacated by Delhi High Court on
17.03.1981 while dismissing the appeal filed by accused S.J. Chaudhary against ex-parte decree of
divorce granted in favour of Rani Chaudhary. Since the accused S.J. Chaudhary had already gone in
appeal before the Delhi High Court, against the order passed by the Additional District Judge on
6.01.1981, the said appeal was admitted and Rani Chaudhary was restrained from remarriage by the
Delhi High Court. While disposing of the appeal on 14.09.1981, the Delhi High Court set aside the
decree of divorce granted in favour of Rani Chaudhary and directed the parties to appear before learned
District Judge for fresh hearing of divorce petition.
4) Rani Chaudhary filed an appeal before this Court against the order dated 14.09.1981 passed by the
Delhi High Court. This Court set aside the order dated 14.09.1981 passed by the Delhi High Court and
restored the ex-parte decree of divorce granted in favour of Rani Chaudhary. After the divorce
litigations between Rani Chaudhary and accused S.J. Chaudhary came to an end, Kishan Sikand
(deceased) proposed Rani Chaudhary for marriage to which she agreed and they decided to marry after
the divorce is granted to Rani Chaudhary and continued to live together in the house of deceased
Kishan Sikand at 98, Sundar Nagar, New Delhi. Accused S.J. Chaudhary started threatening Rani
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 15

Chaudhary and also lodged complaints on 29.9.1981 and 30.9.1981 at P.S. Lodhi Road and P.S. Hazrat
Nijamuddin against Kishan Sikand for illegally keeping his wife with him.
5) But Rani Chaudhary gave in writing that she had taken divorce from accused S.J. Chaudhary and that
she was staying there as a paying guest out of her own free will and Kishan Sikand had not illega lly
detained her. The case of the prosecution is that the accused S.J. Chaudhary having lost his endeavour
to win back his wife Rani Chaudhary, made up his mind to eliminate Kishan Sikand and so he procured
the raw ingredients to manufacture a bobby trap bomb and using parts of a hand-grenade, he managed
to manufacture a bobby trap bomb. This bobby trap bomb was converted into a parcel addressed to
Kishan Sikand. On 2.10.1982, the said parcel, containing the bomb, was kept at the staircase leading
to the first floor of 98, Sundar Nagar, New Delhi, in the rear portion whereof Kishan Sikand was
residing along with Rani Chaudhary. When the said parcel bomb was opened by deceased Kishan
Sikand, it triggered off resulting in an explosion and his instantaneous death.
6) S. Chaudhary has been tried in the court of Shri Mahesh Chandra, Additional Sessions Judge, New
Delhi, under Section 302 Indian Penal Code for the alleged murder of Krishan Sikand, a resident of 98
Sunder Nagar, New Delhi. The murder was stated to have been committed in a blast which took place
on 2-10-1982 at the said residence of the deceased.
7) Rani Chaudhary, widow of late Pritam Singh, married the accused (S Chaudhari) on 31-3- 1971. At
that time she had already two daughters with her from her deceased husband Pritam Singh. The new
marriage, however, did not last for long, and sometime about the year 1976, Rani Chaudhary left the
accused and came to Delhi. Here she developed intimacy with Krishan Sikand and started living with
him in his house at No. 98, Sunder Nagar, New Delhi. On 6-12-1979, she obtained a decree for divorce
against the accused. This was ex-parte. The accused feeling aggrieved, moved the High Court which
allowed that to the extent that he had not been properly served, and, therefore, the trial should take
place afresh. However, Rani Chaudhary moved the Supreme Court and succeeded in getting the order
of the High Court reversed. Thereby the confidential court's decree for divorce was restored.
8) On 2-10-1982, there was an explosion in the house of Krishan Sikand, resulting in his death. At that
time Rani Chaudhary was away from Delhi to Sanawar where her daughters were studying. A day later
she returned. The C.B, investigation later resulted in the registration of the case under Section 302 of
Indian Penal Code i.; murder against the accused. The trial is proceeding, during its course, Rani
Chaudhary is being examined, and she has referred to a number of communications between her and
the accused. It appears that some of those communications which were in writing were sought to be
produced by the accused himself by moving an application under Section 91 of Criminal Procedure
Code (Summon to produce evidence). The session court directed their production.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 16

9) About some others, Rani Chaudhary was examined by the prosecution. At that stage, the accused did
not raise any objection to the admissibility of that evidence. Later, however, he moved a petition before
the Session Court, seeking deletion of that evidence on the ground that the same was barred under the
provisions of Section 122 of the Evidence Act (Privileged Communication between Husband and
Wife). This was, however, not allowed observing that it was too late to exclude the same as the accused
has not raised any finger to its admissibility or relevancy when the evidence was recorded. It was also
observed that the nature of their relationship during the subsistence of marriage was itself a relevant
fact in these proceedings. Feeling aggrieved the accused has now moved the present petition under
Section 482 Cr.P.
10) While during the trial, Court said that it will be in the interest of both the parties if trial will be held on
regular basis. Later on S Choudhary requested to modify the trial court's order to hold the hearings on
day to day basis as his Advocates were not prepared to appear in the case from day to day as the trial
was likely to be prolonged. In short, while the trial of the murder was going on in the session court, S
J Chaudhary filed a petition in high court to seek modifications of an order that was given by session
court that the trial has to be conducted from day to day basis. This order was given according to the
Sec 309 of Criminal Procedure Code which states that, a criminal trial has to held expeditiously as
possible unless the adjournment of the case is absolutely necessary. And later S J Chaudhary filed a
petition on ground that the advocates are unable to reach trials on day to day basis as the trial was
likely to be prolonged.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 17

11.ISSUES

1. Is it a Lawyer’s duty to be present and attend trial on day to day basis, especially in Criminal Cases?

2. Will it be considered as a breach of professional duty if he fails to do so?

3. Under what circumstances, can an advocate be exempted from his duties to attend trial on day to
day basis?

12. ARGUMENTS ADVANCED

1. It will be mainly is dealt with both prosecution and defence that the trial should proceed from day to
day-basis and before the commencement of the trial the session judge to satisfy all the necessary
evidences which are available to him and if they are not available to him he may postponed the case
and that he must do on strongest possible ground and for the shortest possible period or time.
2. Once the trial is commenced unless there is a reason which makes adjournment inevitable the trial
should proceed from day to day.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 18

13. RATIO OF THE COURT

 The order dated December 2, 1983, the Court while dismissing a petition for special leave to appeal
filed against an order of the Delhi High Court refusing to grant bail to the petitioner until after
examination of Rani Chaudhary as a witness, gave a direction that on the commencement of the trial,
it should proceed from day-to- day basis.

 Alleging that his two Advocates are not prepared to appear in the case from day-to-day as the trial is
likely to be prolonged, the petitioner has filed, the present application for modification of the earlier
order of this court by the deletion of the direction that the trial should proceed from day-to-day.

 Unable to appreciate the difficulty said to be experienced by the petitioner. It is stated that his Advocate
is finding it difficult to attend the court from day-to-day. It is the duty of every Advocate, who accepts
the brief in a criminal case to attend the trial from day- today. We cannot over-stress the duty of the
Advocate to attend to the trial from day-to-day. Having accepted the brief, he will be committing a
breach of his professional duty, if he so fails to attend. The Criminal Miscellaneous Petition is,
therefore, dismissed.

 Section 49(1) of Advocates act, which gives right and duties of a lawyer or advocate that there is no
express mention of this provision and however according to the discretion of the court it is expressly
mention in the judgment and hence an advocate is supposed to be present at trial on day to day basis
and will be considered as breach of professional duty if he fails to do so. He can also be liable under
professional misconduct hence under Sec of Advocates Act, 1961.

 According to Section 309 of Criminal Procedure Code, the grounds on which he can be exempted, if
it is a matter to attend in a higher court or competent jurisdiction from the same day or unable to attend
due to personal issue where it is needed to be informed in the advance to the following court.
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 19

 If an advocate breaches his duty to attend a trial on day-to-day basis in criminal case, he can be held
liable under section 35 of Advocates Act and hence disciplinary committee has a right to reprimand or
suspend him according to the provision of section 35.

 Hence, Adjournment can be the only possible defence in this particular matter. There must be some
reasonable ground to pause such a trial. There has to be a pressing reason to be put forward or to go
with the adjournment process. Here, the forum did not find any pressing reason for adjournment was
not possible in this matter.

14. COMMENT TO THE CASE

a) The decision of the court benefits the Judiciary as it enabled the speedy trials and proceedings. It also
eliminates the mischief in the manner. Hence it makes the settlement of disputes in an efficient and
peaceful way. This case not only explains again the principle and provision of adjournment of trial but
also, explains the duty and efficiency of an advocate. It also focuses on the professional conduct on
the part of advocate as per the Section 49(C) of the Indian advocates Act 1961, in which it has been
stated about the Standard Professional Conduct of Advocates, which are to be observed by the
Advocates and includes the attending of day-to-day trials in the Session Court by the advocates and
can be highlighted as a part of professional conduct of the advocates accordingly. Hence, the duty of
every advocate if he has accepted the brief of the criminal case, he should attend the trial from day to
day basis and if failed to do so he would be held liable under section 35 of the Advocates Act. Hence,
the criminal miscellaneous petition is dismissed by the court. 9

9 Professional ethics, India, available at: https://www.studocu.com/in/document/savitribai-phule-pune-university/ba-

llb/professional-ethics-assignment-notes/13939989 (Last Visited on February 10, 2022).
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 20

b) In S.J. Chaudhary v. State10 , the Supreme Court has made it clear that if an advocate accepts the brief
of a criminal case, he must attend the case day to day and if he does not do so, he will be held liable
for breach of professional duty.11
c) Advocate Mr. B. B. Rajput who appears on record remained absent at final hearing of this appeal. It is
the duty of Advocate accepting criminal brief to attend the case at final hearing. Negligence in this
regard may amount to professional misconduct. Relevant observation of the Supreme Court in S. J.
Chaudhary Vs. State (Delhi Administration), AIR 1984 SC 618 wherein it has been observed thus:

"The trial before the Sessions Court must proceed and be dealt with continuously from it's inception to
it's finish. It will be in the interest of both prosecution and the defence that the trial proceed from day today.
Sessions cases must not be tried piecemeal. Once the trial commences, be must except for a very pressing
reason which makes an adjournment inevitable, proceed de die in diem until the trial is concluded."

d) A criminal appeal is further continuation of trial proceedings and has same urgency to be concluded
as early as possible by same analogy. An Advocate accepting criminal appeal must attend it at final
hearing. His failure without any pressing or inevitable reason will amount to professional misconduct
or breach of his professional duty. It is now well settled that criminal appeal cannot be dismissed on
the ground of default in appearance, the court has to go through the record of the case even in the
absence of the appellant or their counsel and decide the matter on merits.

10AIR 1884 SC 1755.

11Professional Ethics in Indian Courts, available at: 246987_1631261414.docx - Indian Institute of Legal
Studieshttps://www.iilsindia.com (Last Visited on February 10, 2022).
 LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 21

15.CONCLUSION
Professional Ethics are key to ensuring that an individual is independent, competent,
efficient and responsive legal work. Where there are broad rules of conduct or ethics, they
should ensure that the advocates are required to follow client care procedures, doing their
best the interest of the client, and to fulfil their duties as advocates. Ethics may continue to
impose principles impartiality, honesty and integrity in the way lawyers behave and
strengthen public confidence in the administration of justice.
The main purpose of legal conduct is to maintain the honor and dignity of the legal
profession, to protect the spirit of friendly cooperation, to establish respectful and impartia l
co-operation with his client, opponent and witness, to establish a spirit of brotherhood in
the Bar itself; and ensuring that advocates perform their duties to the general public. The
legal profession is the mainstay of government. Legal work is not a business but a
profession. Created by the government for the advantage of the community.
The important role of advocates as the finalists of the law means the legal profession you
have a great responsibility to ensure that the code of conduct is developed, that the
advocates as well the public is educated about ethics and that ethics are enforced through
disciplinary action methods. Without morals, rely on the legal profession, and as a result,
the justice system itself, looked down upon.12

12Professional Ethics in Indian Courts, available at: https://www.legalserviceindia.com/legal/article-4578-ethics-

and-morality-of-legal-profession.html (Last Visited on February 10, 2022).
LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 22

16. SUGGESTIONS
1. Advocates should uphold their clients’ interests fairly, honorably, and
fearlessly.
2. They should undertake the duty without fear of any hostile consequences
to themselves.
3. Accordingly, advocates shall defend clients accused of a crime
notwithstanding the advocates’ personal opinions on the guilt of the
accused.
LAW514: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM 23

17.BIBLIOGRAPHY
Ipleaders.com
Wordpress.com
Iasnext.com
Vakilnol.com
Msrlawbooks.com
Blogspot.com
HindustanTimes
Shodhganga