PROJECT REPORT

On
Practical Training I
A project report for Practical Training I submitted to University of Mumbai for Partial
Completion of the LL.B Degree

Submitted By

VINOD RANGNATH PATIL

FYLL.B SEM-I

Under the Guidance of

Prof. Raksha Tripathi

Priti Academy Law College

Mharal Kalyan
2021-22
 CERTIFICATE

This is to certify that Mr. / Ms. VINOD RANGNATH PATIL has worked and duly
completed the project workfor the FY.LL.B SEM- I faculty of Law under my supervision.
I further certify that the learner has submitted the project report for the partial fulfilment of the
LL.B course SEM I of Priti Academy Law College Mharal Kalyan

Prof. Raksha Tripathi

Mr. Deepak Meshram

I/c Principal
 TABLE OF CONTENTS

Sr. No. Contents Page No.

1 Seven Lamps of Advocacy 1-3

2 Professional Ethics: Rights and Duties of Advocate 4-19

3 Bar Bench Relation 20-24

4 Power and Function of Bar Council of India 25-29

5 Contempt Proceedings 30-37

6 Elements of Advocacy 38-40

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I
SEVEN LAMPS OF ADVOCACY
Introduction
In the case of J.S. Jadhav v. Mustafa Haji Mohamad Yusuf AIR 1993 SC 1535, the Hon’ble
Supreme court of India observed that “Advocacy is not a craft but a calling; a profession wherein
devotion to duty constitutes the hallmark. The sincerity of performance and the earnestness of
endeavour are the two wings that will bare aloft the advocate to the tower of success. Given these
virtues, other qualifications will follow of their own account. This is the reason why the legal
profession is regarded as a noble one.”
Thus, the legal fraternity centered on upholding and reinforcing the justice notion is the
resemblance of nobility, which must be maintained and followed by the people immersed in it. In
general parlance, ethics deals with the required qualities that encompass a well-founded standard
of righteous behaviour qua the code of conduct elucidating what an individual is ought to do i.e.
his rights and duties.
As like every profession, the legal profession is encapsulated in a code, which is avowed ethics.
Undeniably, the bedrock principle on which this noble profession has built is professional ethics.
Such legal professional ethics lay down the ethical code that a legal person should possess so as to
keep up the law and justice by balancing the relationship between the bar and the bench.
A great position entails great responsibility, as like, an advocate being the authority qualified to
plead should hold certain qualities and other pertinent skills. As far as India is concerned, legal
ethics can be defined as the code of conduct stated either in written or unwritten provided for the
regulation of advocates behaviour falls within the purview of Advocates Act, 1961.
Rules on the professional standards that an advocate needs to be maintained are mentioned in
Chapter II, Part VI of the Bar Council of India Rules. These rules have been incorporated in
Section 49(1) (c) of the Advocates Act, 1961. It is pertinent to note that this provision empowers
the bar council of India (A statutory body established under Section 4 of the Advocates Act, 1961)
to make and regulate rules on the standard of professional conduct and etiquette to be observed by
advocates.
Seven Lamps of Advocacy
Through the eyes of Sir John Scott, 1st Earl of Eldon, To succeed as a lawyer, a man must work
like a horse and live like a hermit. Former Chief Justice of India S H Kapadia expressed the same
while emphasizing the necessary character, which aids an advocate to remain at the top in the legal
profession. As follows, the quintessential phraseology that describes one of the essential qualities
of a great legal practitioner is Jack of all trades, master of none. Both the usages prescribe the
qualities of an advocate that one must possess as engaged in the legal sector. Withal, legal ethics
are governed and rooted in the principle of the ‘Seven lamps of Advocacy’ Book authored
by Justice Abbott Parry. Such qualities deal with Integrity, Wittiness, Proficiency, Competency,
Braveness, Articulacy, Rationality, and all other skills that are every legal person needs to be
master.
1. Honesty
The statement that has always been used to lambast legal professionals, in general, is “lawyers are
liars.” Nevertheless, one cannot overlook the reality that what layman concludes to be a lie maybe
not be a lie in a genuine sense.
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Per contra, lawyers are supposed to be honest since they have a fiduciary duty to act in the best
interest of their clients. Such honesty should be reflected in every single act of theirs viz. While
delivering the Argument, thoughts, words, so on.
Honesty and straightforwardness resemble the quality of not being relied on the leverage of deceit,
dishonesty, cheating, or any other unethical or criminal behaviour. If so, it will amount to a kind
of professional misconduct and vitiate their growth.
Primarily, he should be a pioneer to reinforce justice in every possible way, not to be adept at
deceiving. He should provide proper legal guidance to his clients. Honesty in the profession will
efficiently help him to succeed in his field.
2. Courage
The nexus between courage and honesty are irrefutable. Refined legal knowledge, skills, and other
qualities of truthfulness will enhance the ability to remain fearless under pressure and pain. But
why advocates are supposed to possess this quality? This is not an open-ended question since
courage is the defined quality of great lawyers attributable to eloquent speech, persuasive writings,
and critical thinking.
Good lawyers always combine extraordinary work ethics with compassion. No matter how talented
and result-oriented is an advocate; he can never find himself as an expert in this field unless and
until he has courage. Courage connotes pacifists with a strong moral compass and the capacity to
uphold their clients in front of the bench. Thus, lawyers should not back off his action even it might
be a dissent one out of fear or danger advancing towards them.
3. Wit
Wit denotes the keen perception and cleverly apt expression of those connections between ideas
that awaken amusement and pleasure. In other words, it is the capacity to think clearly and speak
concisely with an ingenious expression of thoughts. The phraseology wit lightens the darkness of
advocacy implies the significance of this lamp. But why an advocate must possess this quality?
Because, it imparts a great deal of critical analyzing skills as it is the outcome of cleverness,
intelligence, smartness, and keen-mindedness.
Withal, Advocacy is the art of conducting cases in court, which comprises arguments, producing
evidence, cross-examinations, and convincing the jury or the court. Substantially, a planned and
prepared speech will never help you out in court, but quick-wittedness will. But, it is pertinent to
note that people often compare law with the spider web because of its analogy to the latter’s
entanglement feature i.e. it only entangles and holds the poor and weak, while the rich and
powerful will easily break through them. An advocate must possess sufficient wit to bridge this
gap.
4. Industry
This lamp recommends advocates to be excelled at all the required skill set to sustain or succeed
in the field of law. Law is not static but dynamic as it evolves with the needs of society and adapts
to the changing status quo. Pursuant to this, an advocate should update himself in compliance with
the adage ‘There is no alternative to hard work.’
At the same time, no one can become a master in law, as Savigny opined “law is like a language
which develops with the life of people” i.e. “law grows with the growth and strength with the
strength of people and its standard of excellence will generally found at any given period to be
complete harmony with the prevailing ideas of the best class of citizens.” Thus, if the law gets
amended in compliance with societal needs, lawyers should also be acquainted with the latest law.
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5. Eloquence
This lamp plays a pivotal role in assessing the abilities of an advocate, which determines his career
success rate. Eloquence is the art of speaking; in fact, it is a panacea for all other incompetence.
But, one must know that an eloquent speech is way more different than mere deliverable speech
as it holds a long-lasting effect on the bench as well as the clients and the listeners.
In general, the word eloquence implies an error-free fluent communication that has a persuasive
effect but never prescribes to deliver a grandiloquent speech that sounds better than the actuality.
Fluency of speech can be developed, but it is a continual process that demands an acquired keen
knowledge on the subject, followed by the practitioner.
Steps to bring off this skill,
 Noticing other parties faults
 Presence of mind
 Efficacy in argumentation with justification.
6. Judgement
It is the most important of all the Seven Lamps of Advocacy. Judgment in advocacy is a skill by
which an advocate ascertains the collective case facts by discerning both merits and demerits of
the case at hand. Anticipating the possible counterarguments and tackling the same by having an
intellectual capacity to see the right turning point of the case. Basically, it is the deed of translating
good sense into good action.
An advocate is obliged to inform the true legal status of the case to his clients. He should be adept
at picking option which seems righter at the time of the decision, withal, figuring out all the
possible contingencies that will arise.
7. Fellowship
While conducting the lawsuits advocates obviously opposes the other to uphold the interests of
their clients. But, such a battle of words in the court hall shall not bother the friendly relation
between them, because they are opponents but not enemies. To facilitate this interest, after having
obtained a Certificate of Enrollment under section 22 of the Advocates Act, 1961, advocates are
made required to obtain membership in bar associations.
Conclusion
The collective crux of the aforementioned seven lamps of advocacy elucidates the qualities of a
successful advocate and provides that an advocate has to uphold justice by all fair and honourable
means, fearlessly. In addition to that, in the book named “Professional conduct and
advocacy”, Mr. K. N. Krishnaswamy Aiyer pioneered one more lamp called Tact. This eighth
lamp i.e. the Tact discusses the people skill, in toto, and explains why an advocate should develop
his ability to deal with people.
FAQs on Seven Lamps of Advocacy
What are the Seven Lamps of advocacy?
The seven lamps of advocacy are honesty, courage, wit, industry, eloquence, judgement and
fellowship.
What is the 8th lamp of advocacy?
Tact is the 8th lamp of advocacy. Tact is an intellectual ability and quality to deal with people.
Who gave the eighth lamp of advocacy?
V. Krishnaswamy Iyer, an Indian lawyer and former Judge of Madras High Court, in his book
“Professional conduct and advocacy” gave the 8th lamp of advocacy which is the “Tact”
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II
Professional Ethics: Rights and Duties of an Advocate

Professional ethics encompasses an ethical code governing the conduct of persons engaged in
thepractice of law as well as persons engaged in the legal sector. All members of the legal
profession have a paramount duty to the court and towards the administration of justice.
Thisduty prevails over all other duties, especially in the circumstances where there may be a
conflict of duties. It means a code of rules which regulates the behaviour and conduct of a
practicing lawyer towards himself, his client, his opposite party, his counsel and of course
towards thecourt. Ethics means principles of behaviour which are applied to an ordinary
citizen in thesociety shall be the standards of morals for a lawyer too. Professional ethics consist
of those fundamental values on which the profession has been built. Legal ethics is one of the
professional ethics which lays down certain duties for the observanceof its members, which he
owes to the society, to the court, to the profession, to his client and to himself. The practicing
lawyer shall have the social responsibility and dignity of the legal profession and high standard
of integrity and efficient service to his client as well as for public welfare.

Objective of the Professional Ethics

The main object of the professional ethics of advocacy is to maintain the dignity of the legal
profession. Chief Justice Marshall has observed in this respect, The fundamental aim of legal
ethics is to maintain the honour and dignity of the law profession to secure a spirit of friendly
co- operation between the bench and bar in the promotion of higher standard of justice, to
establish honourable and fair dealings of the counsel with his client, opponent and witness, to
establish a
spirit of brotherhood with bar itself and to secure that lawyers discharge their responsibilities
tothe community generally.

Legal profession is not a business but a profession. It has been created by the state for the
publicgood. Consequently, the essence of the profession lies in the three things:

1. Organization of its members for the performance of their function;

2. Maintenance of certain standards, intellectual and ethical for the dignity of the profession;
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3. Subordination of pecuniary gains to efficient services

The legal profession is necessarily the keystone of the arch of Government. If it is weakened,
and allowed to be a subject of the corroding and demoralizing influence of those, who are
controlled by craft, greed or gain or other unworthy motive, sooner or later the arch, must fall.
The future ofthe country depends upon the maintenance of the shrine of the justice, pure and
unrolled by the advocates. Thus, it cannot be so maintained, unless the conduct and motives of
the members of the legal profession are what they object to be. Therefore, it becomes the plain
and simple dutyof the lawyers to use their influence in every legitimate way to help and make
the Bar what it is ought to be. A code of ethics is one method of furtherance of this end.

Nature of Professional Ethics

A code of ethics is developed for each profession. Suppose you write articles in a newspaper.
Professional ethics require that you verify facts before you write that article. Similarly, in India
for lawyer also a set of guidelines have been laid down so far as professional ethics are
concerned, which defines their conduct in the profession that is highly competitive and dynamic.
Indian law requires lawyers to observe professional ethics to uphold the dignity of the
profession. Lawyers are expected to follow professional ethics and that they are accountable for
dishonest, irresponsible and unprofessional behaviour. Further, lawyers can lose the license to
practice if they are found guilty of unethical practices that tarnish the dignity of their profession.
A lawyer must adhere to the professional norms, for fair dealing with his client and to maintain
the dignity of the profession.

Advocate Act, 1961

It was introduced to implement the recommendations of the All-India Bar Committee and taking
into account the Law Commission's recommendations relating to the legal profession. The
Parliament has established The Bar Council of India under section 4 of The Advocate Act,1961.
As per section 7(1)(b) the council has to lay down standards of professional conduct and
etiquette for advocates. And section 49(1)(c) allows the bar council of India to make rules as to
suggest the standard of professional conduct to be observed by advocates.
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Bar Council of India Rules

Chapter II of part VI of the Rules framed by the Bar Council of India deals with the standards
of professional Conduct and Etiquette. These rules specify the duties of an advocate to the Court,
client, opponent and colleagues, etc. It’s Preamble states that, “An advocate shall, at all times,
comport himself in a manner befitting his status as an officer of the Court, a privileged member
of the community, and a gentleman, bearing in mind that what may be lawful and moral for a
person who is not a member of the Bar, or for a member of the Bar in his non-professional
capacity may still be improper for an advocate. Without prejudice to the generality of
theforegoing obligation, an advocate shall fearlessly uphold the interests of his client and in his
conduct conform to the rules hereinafter mentioned both in letter and in spirit.”

Advocates Duty towards Court:

The Bar Council of India has made certain rules so as to prescribe duties of an advocate towards
the court. Such duties may be explained as follow:

Act in a dignified manner:

During the presentation the case and while acting otherwise as an advocate before the court is
required to conduct himself with dignity and self-respect. An advocate shall not be servile and
in case of proper ground for serious complaint against a judicial officer, it is his right and duty
to submit his grievances to the proper authority. In re D.C. Saxena, the court held that the rule
empowers the advocate to make complaint against judicial officer but it should be submitted to
proper authority.

An advocate is required to maintain towards the court respectful attitude bearing in mind that
the dignity of the judicial office is essential for survival of free community.

Not communicate in private:

An advocate shall not influence the decision of the court by any illegal or improper means. It
prohibits the private communication with the judge relating to pending case. If an advocate does
so it amounts to professional misconduct
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Refuse to act in an illegal manner towards the opposition

The rule requires the advocate to use his best effort to restrain and prevent his client from
resorting to sharp or unfair practice opposite or from doing anything in relation to the in court,
opposing council or parties which the advocate himself ought not to do. It also requires the
advocate to refuse to represent the client who persists in such improper conduct. The Rule makes
it clear that the advocate shall not consider himself mere mouthpiece of the client and shall
exercise his own judgement in the use of restrained language in correspondence, avoiding
scurrilous attacks in pleadings and using intemperate language during arguments in the court.

Appear in proper dress code

An advocate shall appear in court at all times only in the prescribe dress and his appearance
shall always be presentable.

Refuse to appear in front of relations

An advocate shall not enter appearance, act, plead, or practice in any way before a court,
tribunal, or authority mentioned in section 30 of the Advocates Act, 1961 if the sole or any
member thereof is related to the advocate as father, nephew, grand-father, son, grand-son, uncle,
brother, nephew, first cousin, husband, mother, wife, daughter, sister, niece, aunt, sister-in-law,
mother-in-law, and father-in-law, son-in-law, daughter-in-law. For this purpose of this rule,
courtshall mean a court, Bench or tribunal in which abovementioned relation of the advocate is
a judge, member or the presiding officer.

Not to wear bands or gowns in public places

The rule requires the advocate not to wear bands or gowns in public place other than in court
except on such ceremonial occasions and at such places as the Bar Council of India and the court
may prescribe.

Not to represent establishments of which he is a member

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The rule provides that an advocate shall not appear in or before any court or tribunal or any other
authority for or against an organization, institution, society, or corporation if he is a member of
executive committee of such organization, institution, society, or corporation.

However, it has been made clear that this rule shall not apply to such a member appearing as
‘amicus curiae’ or without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar
Association.

Not appear in matters of pecuniary interest:

An advocate shall not act or plead in any matter in which he himself has some pecuniary interest.

Not stand as surety for client

An advocate shall not stand as a surety, or certify that soundness of a surety for his client
required for the purpose of any legal proceedings.

Rules on Advocates Duty towards Client:

Rule 11 to 33 deal with the duties of an advocate to his client. These rules may be explained as
follow:

Bound to accept briefs

Rule 11 provides that an advocate is bound to accept any brief in the court or tribunal or before
any authority which he proposes to practice at fee consistent with his standing at bar and also
nature of case.

In S.J. Chaudhary v. State (1984), 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.

Not to withdraw from service:

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Rule 12 provides that an advocate shall not ordinarily withdraw from engagements once
accepted without sufficient cause and unless reasonable and sufficient notice given to the client.
In case he withdraws himself from the case, he is bound to refund such part of the fee as has not
been earned.

Not to appear in matters where he himself is a witness

Rule 13 provides that an advocate should not accept the brief or appear in a case in which he
hasreason to believe that he will be a witness.

In Kokkanda B. Poondacha v. K.D. Ganpathi, AIR 2011 SC 1353, the Court has held that one
party to proceedings cannot cite advocate representing the other side as witness without
disclosing as to how testimony is relevant as it will result in depriving the other side of services
of the advocate.

Full and frank disclosure to client

Rule 14 provides that an advocate shall at the commencement of his engagement and during the
continuance thereof make all such full and frank disclosure to his client relating to his connection
with the parties and any interest in or about the controversy as are likely to affect his client’s
judgment in either engaging him or continuing the engagement.

Uphold interest of the client

Rule 15 provides that it is the duty of an advocate to uphold the interest of his client fearlessly
by all fair and honourable means without regard to any unpleasant consequences to himself or
to any other.

It is the duty of an advocate to defend a person accused of crime regardless of his personal
opinion as to the guilty of the accused and in the discharge of this duty he should always bear in
mind that his loyalty is to the law which requires that no man should be convicted without
adequate evidence.

Not to suppress material or evidence:

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Rule 16 provides that an advocate appearing for the prosecution of criminal trial shall so conduct
the prosecution that it does not lead to conviction of an innocent. The rule makes it clear that
the
suppression of material capable of establishing the innocence of the accused must be
scrupulously avoided.

Not to disclose the communications between client and himself:

Rule 17 provides that an advocate shall not commit directly or indirectly any breach of the
obligation imposed by section 126 of Indian Evidence Act.

An advocate should not be a party to stir up or instigate litigation:

Rule 18 provides that an advocate shall not at any time be a party to the fomenting litigation.

Rule 19 makes it clear that an advocate shall not act on the instruction of any person other than
his client or his authorized agent.

Not charge depending on success of matters:

Rule 20 provides that the fee of an advocate depending upon the success of the suit is considered
as oppose to public policy. Contract for contingent fee is also hit by section 23 of the Indian
Contract Act.

Agreement to share the proceeds of the litigation may amount to champerty. In such conditions
the advocate has direct interest in the subject-matter and cannot act with the sense of detachment
or with the attitude of objectivity. Such agreement degrades the honourable profession. To
prevent such an agreement rule 20 provides that an advocate shall not stipulate for free
contingent on the results of litigation or agrees to share the proceeds thereof.

Not receive interest in actionable claim

Rule 21 provides that an advocate shall not buy or traffic in or stipulate for or agree to receive
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any share or interest in any actionable claim.

However, it has been made clear that nothing in this rule shall apply to stocks, shares, and
debentures or government securities or any instruments which are, for the time being, by law or
custom negotiable or to any mercantile document of title to goods.

Not to bid or purchase property arising of legal proceeding:

Rule 22 provides that an advocate shall not directly or indirectly bid for or purchase either in his
own name or any other name for his own benefit or benefit of any other person, any property
sold in execution of decree or other proceeding in which he was professionally engaged.

The rule makes it clear that this prohibition does not prevent an advocate from bidding for or
purchasing for his client any property which his client may himself legally bid for or purchase,
provided the advocate is expressly authorised in writing in this behalf.

Not to adjust fees against personal liability

Rule 23 provides that an advocate shall not adjust fee payable to him by his client against his
own personal liability to the client which liability does not arise in course of his employment as
an advocate.

Rule 24 provides that an advocate shall not do anything whereby he abuses or take advantage
of the confidence repose in him by his client.

Keep proper accounts

Rule 25 provides that an advocate should keep accounts of the clients money entrusted to him
and the accounts should show the amounts received from the client or on his behalf, the expenses
incurred for him and the debits made on account of fees with respective dates and all other
necessary particulars.

Divert money from accounts:

Rule 26 provides that where money are received from or on account of client, the entries in the
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account should contain a reference as to whether the amounts have been received for fees or
expenses and during the course of the proceeding, no advocate shall, accept with the consent in
writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.

Intimate the client on amounts

Rule 27 provides that where any amount is received or given to him on behalf of his client, the
fact of such receipt must be intimated to the client as early as possible. If the client demands
the
payment of such money and in spite of such demand the advocate does not pay him, he will be
guilty of professional misconduct.

Adjust fees after termination of proceedings

 Rule 28 provides that after termination of the proceeding the advocate shall be at liberty
to appropriate towards the settled fee due to him any sum remaining unexpanded out of
the amount paid or sent to him for expenses or any amount that has come into his hands
in that proceeding.
 Rule 29 provides that if the fee has been left unsettled the advocate can deduct out of any
moneys of the client remaining in his hand at the termination of the proceeding for which
he had been engaged, the fee payable under the rules of the court in force for the time
being or by then settled and the balance shall be refunded to the client.

Provide copy of accounts

 Rule 30 provides that the copy of clients account shall be furnish to him on
demandprovided the necessary charges are paid.
 Rule 31 requires an advocate not to enter into arrangements whereby funds in his
handsare converted into loans.

Not lend money to his client

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Rule 32 prohibits an advocate to lend money to his client for the purpose of any action or legal
proceeding in which he is engaged by such client. It provides that an advocate shall not lend
money to his client for the purpose of any action or legal proceeding in which he is engaged by
such client.

Not appear for opposite parties

Rule 33 provides that an advocate who has, at any time, advice in connection with the institution
of the suit appeal or matter has drawn pleading or acted for party, shall not act appear or plead
for the opposite party.

In Chandra Shekhar Soni v. Bar Council of Rajasthan and Ors., an advocate who was
representing one party in a criminal case switched sides and began representing the opposite

party. It was held by the Supreme Court that “…it is not in accordance with professional
etiquette for an advocate while retained by one party to accept the brief of the other. It is
unprofessional to represent conflicting interests except by express consent given by all
concernedafter a full disclosure of the facts…. Counsel’s paramount duty is to the client,
and where he finds that there is conflict of interests, he should refrain from doing anything which
would harm any interests of his client. A lawyer when entrusted with a brief is expected to follow
the norms of professional ethics and try to protect the interests of his client in relation to whom
he occupies a position of trust.” The Supreme Court upheld his being found guilty of malpractice
by the Bar Council of India in disciplinary proceedings, and he was suspended from practise for
the period of one year.

The consequences of a conflict of interest situation for the lawyer can be severe and costly. For
example, acting with a conflict of interest can result in civil liability for professional malpractice
as well as disciplinary action. Some very serious consequences also flow from a proven claim
in contract, tort or equity, including:

 disqualification from representation of one or more clients

 forfeiture of fees charged; the inability to charge for work in progress and other time
invested;
 embarrassment, inconvenience and aggravation of defending a malpractice claim or
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investigation;
 lost time spent on defending a malpractice claim or investigation

The relationship is personal and fiduciary:

It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and
good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281, Justice Sen has observed that
the relation between the advocate and his client is purely personal involving a highest personal
trust and confidence.

Advocate's fee- fixation of fees:

By the present day usages of the Bar, the following elements usually enter into consideration in
fixing the amount of fee:
a) The qualifications and standing of advocates who is asked to render professional service. It
is evident that service rendered by the person of superior education and rich experience is likely
to be more valuable and of better quality than the advice given by a person who is less qualified;

b) The difficulty in the problem involve in the case. The more intricate the case the greater will
be the degree of skill and amount of labour required;

c) The amount of time required to render professional service;

d) The amount involved in the suit;

e) The result expected to be accomplished as a consequence of the lawyer's exertion;

f) The customary charges of the Bar for such services.

Contingent fee and right of lien

The fee depending upon the success of the suit or proceeding is regarded as against the public
policy. The agreement for Contingent fee is hit by section 23 of the Indian Contract Act. Rule 9
framed by the Bar council of India expressly provide that an advocate should not act or plead in
any matter in which he is himself be pecuniary interested. The agreement for the contingent
fee is looked upon with disfavour, and later as inconsistent with the high ideals of the Bar.
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In the case of R.D. Saxena V. Balram Prasad Sharma; AIR 2000 SC 2912; The Supreme Court
has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees.

Rules on Advocate’s Duty to Opponents:

Not to negotiate directly with opposing party

An advocate shall not in any way communicate or negotiate or call for settlement upon the
subject matter of controversy with any party represented by an advocate except through that
advocate representing the parties.

Carry out legitimate promises made

An advocate shall do his best to carry out all legitimate promises made to the opposite party
even though not reduced to writing or enforceable under the rules of the Court.

Rules on Advocate’s Duty towards Fellow

AdvocatesNot advertise or solicit work

An advocate shall not solicit work or advertise in any manner. He shall not promote himself by
circulars, advertisements, touts, personal communications, and interviews other than through
personal relations, furnishing or inspiring newspaper comments or producing his photographs
to be published in connection with cases in which he has been engaged or concerned.

Sign-board and Name-plate

An advocate’s sign-board or nameplate should be of a reasonable size. The sign-board or name-

plate or stationery should not indicate that he is or has been President or Member of a Bar
Council or of any Association or that he has been associated with any person or organisation or
with any particular cause or matter or that he specialises in any particular type of work or that
he has been a Judge or an Advocate General.

Not promote unauthorized practice of law

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An advocate shall not permit his professional services or his name to be used for promoting
orstarting any unauthorized practice of law.

An advocate shall not accept a fee less than the fee, which can be taxed under rules when
theclient is able to pay more.

Consent of fellow advocate to appear

An advocate should not appear in any matter where another advocate has filed a vakalt nama or
memo for the same party. However, the advocate can take the consent of the other advocate for
appearing.

In case, an advocate is not able to present the consent of the advocate who has filed the matter
for the same party, then he should apply to the court for appearance. He shall in such application
mention the reason as to why he could not obtain such consent. He shall appear only after
obtaining the permission of the Court.

Other Duties:
 Rule 40 requires every advocate on the rolls of the State Bar Council to pay a certain
sumto the state bar council.
 Rule 41 provides that all the sums so collected by the state bar council shall be credited
ina separate fund to be known as “Bar Council of India Advocates welfare fund for the
State” and shall be deposited in the bank as provided there under.
 (i) According to rule 41(2) the Bar Council of India Advocates Welfare fund Committee
for the State shall remit 20% of the total amount collected and credited to its account, to
the bar council of India by the end of every month which shall be credited by the Bar
council of India and the Bar council of India shall deposit the said amount in a separate
fund to be known as “Bar Council of India Advocates Welfare fund.”
 (b) (ii) According to rule 41(3) the rest 80% of the total sum so collected by the Bar
Council of India Advocate Welfare Fund Committee for the state shall be utilized for the
welfare of the advocates in respect of welfare schemes sponsored by the respective State
Bar Council.
 Rule 42 deals with the consequences of non-payment of the said amount by the advocate.
P a g e | 17

It provides that if an advocate fails to pay the aforesaid sum within the prescribed time,
the secretary of the State Bar Council shall issue to him a notice to show cause within a
month why his right to practice be not suspended. In case the advocate pays the amount
together with late fee within the period specified in notice, the proceeding shall be
dropped. If the advocate does not pay the amount or fails to show sufficient cause, a
committee of three members constituted by the state bar council in this behalf may
passan order suspending the right of the advocate to practice.
 Rule 43 provides that an advocate who has been convicted of an offence mentioned under
section 24-A of the Advocates Act or has been declared insolvent or has taken full time
service or part time service or engages in business or any avocation inconsistent with his
practicing as an advocate or has incurred any disqualification mentioned in the
AdvocatesAct or the rules made there under, shall send a declaration to the effect to the
respective state bar council in which the advocate is enrolled, within 90 days from the
date of such disqualification.

 Rule 44 provides, an appeal shall lie to the bar council of India at the instance of an
aggrieved advocate within a period of 30 days from the date of the order passed under
rule 42 and 43.
 (e)(i) Rule 44-A provides that there shall be a Bar council of India Advocates Welfare
Committee consisting of five members elected from amongst the members of the
council. The term of the members of the committee shall be co-extensive with their
term in theBar Council of India. Rule 44-b makes it clear that the Bar Council of India
shall utilise the funds received under rule 41(2), stated above, in accordance with the
scheme which may be framed from time to time.

Rules on Advocate’s Duty in Imparting Training:

Rule 45 framed by the Bar Council of India makes it clear that it is improper for an advocate to
demand or accept fees or any premium from any person as a consideration for imparting training
in law under the rules prescribed by the State Bar Council to enable such person to qualify for
enrolment under the Advocates Act, 1961.

Rules on Advocates Duty to render legal aid:

P a g e | 18

The preamble of the Constitution of India assures justice, social, economic and political to all
citizens of the country. Articles 14 & 16 of the Constitution of India impose an implicit
responsibility on the State to ensure that none is deprived of legal assistance for reasons of
economic or other disabilities so that equal justice is provided to all citizens of the country.
Further, the principle contained in Article 39-A are fundamental and cast duty on the State to
secure that the operation of the legal system promotes justice to all citizens and particularly the
poor and the marginalized. However, despite this Constitutional mandate, poor remain deprived
of appropriate legal assistance for a long time even after independence.

In this situation advocates have a role to play. Legal profession is monopolistic in character and
this monopoly itself inheres certain high traditions, which its members are expected to upkeep
and uphold. Law is an Hon'ble profession and an Advocate is an Officer of justice and friend of
the Court. He is an integral part for the administration of justice. From the ancient times,
thelegal obligations of the Advocates to conduct the case of a poor litigant without reward when
so required by the Court has been recognized not only in our country, but also in England, US
and other Countries. However, in practice, Counsels have been assigned only in criminal cases
of serious nature and a few civil cases.

The critical position enjoyed by an Advocate in administration of justice in fact imposes a

responsibility upon him to ensure that justice is made available to all. Rule 46 of Bar Council if
India Rules in part-VI relating to a standard professional conduct and etiquette reminds
Advocates of the obligation they owe to the society. The Rule reads as under:

"Every Advocate shall in the practice of the profession of law bear in mind that any
onegenuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it
fullyor adequately and that within the limits of an Advocate's economic condition, free legal
assistance to the indigent and oppressed is one of the highest obligations an Advocate owes to
society."

Rules on Advocate’s Restriction on other employment:

 Rule 47 provides that an advocate shall not personally engage in any business but he
P a g e | 19

maybe a sleeping partner in a firm doing business provided that in the opinion of the
appropriate state bar council the nature of the business is not inconsistent with the dignity
of the profession.
 Rule 48 makes it clear that an advocate may be director or chairman of the board of
directors of a company with or without any ordinary sitting fees, provided none of his
duties are of executive character. An advocate shall not be a managing director or a
secretary of any company.
 Rule 49 provides that an advocate shall not be a full time salaried employee of
anyperson, government, firm, corporation or concern, so long as he continues to practice
and shall taking up any such employment intimate the fact to the bar council on whose
roll his name appears and shall thereupon cease to practice as an advocate so long as he
continues in such employment.
 Rule 50 provides that an advocate who has inherited or succeeded by survivorship, to a
family business may continue it, but may not personally participate in the management
thereof.

 Rule 51 an advocate may review parliamentary bills for a remuneration, edit legal text
books at a salary, coach pupils for legal examination, set and examine question papers
and subject to the rules against advertising and full time employment, engage in
broadcasting, journalism, lecturing and teaching subject both legal and non legal.
 Rule 52 makes it clear that nothing in these rules shall prevent an advocate from
accepting after obtaining the consent of the state bar council, part-time employment
provided that in the opinion of the state bar council, the nature of the employment does
not conflict with his professional work and is not inconsistent with the dignity of the
profession.
P a g e | 20

III
BAR BENCH RELATION

Introduction
For the administration of Justice, the judicial system is composed of the judges and the advocates
who assist the judiciary in dispensing justice through discharging their duties. The Bar and the
Bench are two elements of the same system, and without them, justice cannot be efficiently
administered in the courts.

1. Bar – Advocates are registered by the State Bar Council as such after receiving their
degree of L.L.B from a university and receiving a specific amount of training under the
supervision of an advocate as stipulated by the rules. The advocates are collectively
referred to as the ‘Bar,’ and an advocate is designated as the representative of the Bar.
For the most part, the term “Bar” refers to an association of attorneys who are licensed
to practice in the courts, or a specific court, of any state.
2. Bench – The term “bench” refers to all of the judges taken together, as opposed to the
term “Bar,” which refers to all members of the legal profession. The term “bench” also
refers to the key component of the court deemed in its official capacity while the judges
are sitting. The term ‘Bar’ was originally used to refer to the part of the court that dealt
with attorneys. However, the term is now used to refer to the part of the court that deals
with judicial officers, which is known as the Bench.
The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law. Both are subordinate to and interrelated to one another in their respective
roles. In law, the term “Bar-Bench relationship” pertains to the friendly relationship that advocates
have with judges. The Bar (advocates) and the Bench (judges) both play critical roles in the
administration of justice. Maintaining cordial relations between the Bench and the Bar requires
respect and understanding on both sides of the bench and bar.

Role of bar-bench in the administration of justice

The practice of law and the administration of justice is vitally important to each other. There is no
other office in the state that possesses the same level of authority as that of the judge. Judges carry
enormous power, far exceeding that of any other official in the government or military. The
common people’s lives and liberty, individual domestic happiness, property, and public image are
subordinate to the judges’ wisdom, and citizens are held accountable for their judgments. If judicial
power is corrupted, there is no longer any assurance of life, liberty is forfeited, and there is no
longer any guarantee of personal or domestic happiness. A strong judiciary that is active, unbiased,
and competent is the most important thing a state can have. Judges must carry out their
responsibilities due to the importance of judges in the maintenance of civil and orderly society.
The administration of justice is not limited to the courtroom. It also has significance for the Bar.
The preservation of cordial relations between the Bar and the Bench necessitates respect and
understanding on both sides of the bar. The roles of attorneys and judges are supplementary to one
another. The primary source of judges’ recruitment is the legal profession. As a result, they are
both members of the same community. The Bar and bench need to sustain cordial relations with
one another. However, because of the nature of the responsibilities that attorneys and judges must
P a g e | 21

fulfill, they may engage in dialogues that are sometimes amusing, sometimes heated, and
sometimes tough.

Bar-bench relations: an overview

 When it comes to democratic institutions, the independent judiciary is a pillar of

stability, and the bar is the cornerstone of that stability. The Bench reflects the
appearance, character, and behavior of the judges as the bench is considered to be a
mother and a bright mirror for the judicial officers.
 Those who practice law are just as much a part of the justice delivery system as the
judges themselves, and it is the closest possible harmony between the Bar and the Bench
that will produce the best results in accomplishing the targets embodied in
our Constitution. The Bar and the Bench are two opposing sides of the same coin, as
the saying goes. The administration of justice cannot be successful unless there is unity
between the Bar and the Bench. Otherwise, the required outcomes to maintain the
grandeur of the institution will not be achieved.
 An advocate’s scandalizing of the court is truly despoiling the very foundations of
justice, and such behavior by an advocate tends to bring dishonor to the entire
administration of justice. The behavior of an advocate towards the court is always one
of uniform reverence, regardless of the status of the court in which the case is being
heard. The advocate’s personal view of the judge must not be shown in his conduct
because he has a responsibility to maintain the respect of the judiciary as a professional
organization. At the same time, it is the responsibility of the judiciary not only to be
courteous to members of the Bar but also to do everything in their power to progress
the high traditions of the profession.
 Contempt of court can be imposed on a lawyer or a judge for their discourteous behavior
or misbehavior. There are two types of contempt of court: civil contempt and criminal
contempt. Consider the following examples: using derogatory language against an
individual judge, harassing him with transfer or removal from office, casually
addressing the judge, questioning his authority to ask questions, or making disgraceful
accusations against an individual judge. It is considered to be contempt of court. He is
responsible for his uncourteous behavior and may be prosecuted for contempt of court.
 The opinion about the Bar and Bench relationship has been laid down in the case of P.D.
Gupta v. Ram Murthi and others(1997) in which the primary focus was on how the
relationship between the Bar and the Bench affects the administration of justice.
Facts: Shri Kishan Dass passed away, leaving behind a large amount of immovable property.
Several people made claims to the deceased’s property, including one Vidyawati, who claimed to
be the deceased’s sister, one Ram Murti, and two other people who claimed to be the deceased’s
heirs, among other things. Later, the advocate for Vidyawati bought the aforementioned properties,
knowing full well that they were in dispute. In the following months, the attorney made a profit by
selling the property to a third party. A grievance against the lawyer was filed with the Delhi Bar
Council, which resulted in the attorney being suspended.
Held: Because the disciplinary committee of the Bar Council of Delhi was unable to resolve the
complaint within a year, the hearings were relocated to the Bar Council of India under Section 36-
B of the Advocates Act, which provides that the complaint must be resolved within one year. The
P a g e | 22

Bar Council of India’s disciplinary committee put him on trial for professional misconduct and
expelled him from practicing law for one year.

Role of the bar in strengthening the bar-bench relation

Advocates are court officers, and they are required to aid the court in the administration of justice
on behalf of the court. Advocates gather resources relevant to the case to aid the court in reaching
an (outcome) in the case. An advocate works in collaboration with the judiciary to ensure that
justice is administered properly. Advocates, like judges, play a significant role in the
administration of justice. An advocate has to practice the following steps to preserve and
strengthen the relation between Bar and Bench:

 They should show reverence to the judges and refrain from disparaging the judges or
the judiciary in any way whatsoever.
 They should assist the judges in the court hearing of the cases by conveying the relevant
law accurately and understandably during the trial. They should never behave in a way
that would displease the judges.
 If the judges make a mistake in their decision, they should not be criticized. They should
attempt to correct the error in the order by filing an appeal.
 They should not exert stress or control on the judges to obtain a favorable order. An
advocate should refrain from seeking to manipulate the verdict of the court through the
use of illegal or inappropriate means.
 If the judge’s conduct is annoying and disrespectful to the advocates, they should refrain
from engaging in violent talks with the judge in question. The issue should be addressed
with the judge in his chambers, and the Bar Association should make a formal request
that such misbehavior not be repeated.
 It is the responsibility of an advocate to make every effort to constrain and avert his or
her client from engaging in unfair practices with the court.

Role of the bench in strengthening the bar-bench relation

A judge is a public official who hears and decides cases in the court of law, thereby resolving a
legal dispute. Judges wield enormous power, far exceeding that of any other official in the
government or military. A judge has to practice the following steps to preserve and strengthen the
relation between Bar and Bench:

 In the same way that the advocates respect the judges, the judges should respect the
advocates as well.
 It is important for judges to approach the case with an open mind and to do so without
bias or prejudice, as appropriate. They will act in a manner that is beneficial to the
interests of justice. They will give the advocates sufficient time to present their case in
its entirety.
 Judges are expected to act in a fair and unbiased manner. They are not permitted to act
in the interests of any prosecutor or party to the dispute.
 When required, judges should refrain from interfering with the lawyer’s interviews of
witnesses and presentation of the argument. A lawyer’s professional reputation may be
harmed by undue intrusion and disparaging messages from the judges, and he may be
P a g e | 23

unable to effectively present the case. In most cases, a judge’s intervention is confined
to the following factors: avoiding reiteration and time-wasting, checking for pertinence,
providing clarification, sharing an opinion of the courts on a particular point, and
promoting the expeditious disposition of the case.
 In the course of administering justice, the courts are frequently called upon to decipher
the law’s rules, directives, regulations, codes, bylaws, circulars, notices, and other
documents to determine the true significance of the statutes or to clear up confusion or
incoherence in the legislation. In these instances, a proper explanation should be
provided to provide full justice to the parties involved in the situation.
 Adjournments are granted to allow the parties a reasonable amount of time to present
their arguments. Cases will not be adjourned where possible unless there are reasonable
and appropriate grounds to do so. Excessive postponement of cases, which causes the
parties to suffer financial difficulties is the most common cause of mounting backlogs
in the court system.
 The case of ‘justice deferred is justice denied’ will also be resolved as soon as possible
as well. When older cases are given priority over new cases, new cases should not fall
behind in their disposition.
 Judges should refrain from making unjustified public remarks about a lawyer’s lack of
legal insight in open court. They should not ask any lawyer to leave the trial unless they
have a compelling reason to do so. Likewise, they should not request that any advocate
not appear in his or her court in the future.
 Judges will have a thorough understanding of the law. They should be able to apply the
appropriate legislation to the evidence available and come to the best possible
conclusion on the matter.
 The foremost duty of ensuring and preserving judicial independence relies upon the
judges who preside over the courts.
 A judge’s moral responsibility and honesty should be unquestionable. He should be
treated with respect, both personally and intellectually. There should be something to
commend about the character and the action.
 This entails a lot of hard work and extensive research done on a regular and
comprehensive basis. A judge’s knowledge should be kept up to date with the most
recent advancements and transformations in legislation by continuously reviewing it.
 Briefings of judges and advocates are scheduled at regular intervals to strengthen the
relationship between the Bar and the Bench. During these sessions, the problems of the
opposing sides can be discussed, and the differences can be resolved through discussion.

Suggestions on the relation between bar and bench

In the administration of justice, the Bar and the Bench play a vital role in being the two most
important organs; they share a common duty in ensuring that justice is administered properly and
effectively. Given the fact that both are national assets of our nation, they must therefore coordinate
and work cooperatively with one another, as well as stay cautious together, in order to safeguard
judicial independence.
A reputed and unbiased judiciary, as well as a powerful bar, are required to maintain the system
of democracy and independence under the rule of law in the country. Furthermore, the lawyers
must have the impression that they were given a fair court hearing and that their issues would be
addressed by an unbiased and credible attorney, among other things.
P a g e | 24

It is critical for the productive discharge of the court’s duties that the high level of optimism,
prestige, and dignity that they have admired throughout their careers be sustained and not
weakened in any manner. Whether it is judges or lawyers, they bear the main duty of administering
and maintaining the public’s trust in the courts.

Conclusion
An ordinary citizen has faith and confidence in the country’s judicial system. It is the responsibility
of both the Bench and the Bar to uphold and strengthen the rule of law through their dedication
and behavior. To ensure the independence of the bar, an independent judiciary must be in place,
which can be used to defend that independence if required. One of the most effective methods of
guaranteeing judges’ independence is to have a responsible, well-behaved, sophisticated, and
learned Bar. In the end, the mutual adjustment of behavior by the Bench and the Bar is the
cornerstone of the polished operation of courts in the overall interest of society.
P a g e | 25

IV
POWER & FUNCTION OF BAR COUNCIL OF INDIA

The Bar Council of India (BCI) is a statutory body that regulates and represents the Indian Bar. It
was established under section 4 of the Advocates Act, 1961. The headquarter of BCI is in New
Delhi. It is headed by the Chairman and Vice-Chairman.

BCI was made to prescribe a standard of professional conduct, etiquette and exercise disciplinary
jurisdiction. BCI additionally sets standards for legal education and gives recognition to
Universities whose degree in law fills in as a qualification for students to enroll themselves as
advocates after graduation.

BCI comes under the domain of Ministry of Law and Justice, Government of India and it is a
corporate body having an interminable succession and a common seal. The BCI has constituted a
few committees, for example, the Education Committee, the Disciplinary Committee, the
Executive Committee, the Legal Aid Committee, the Advocates Welfare Fund Committee, the
Rules Committee, and different Committees framed to look after the explicit issues emerging every
once in a while.

Formation of BCI

The need for All India Bar was felt just after the enforcement of the Constitution of India. In the
annual meeting of Inter-University Board held in Madras, a resolution was passed for the need of
an All Indian Bar and it was also emphasized that there should be uniformity in law examination
conducted by different universities of the country.

In May 1950, the Madras Provincial Lawyers Conference was held under the administration of S.
Varadachariar settled that the Government of India ought to appoint an advisory group to develop
a scheme for an All India Bar and changing the Indian Bar Council Act to acquire its congruity
with the new constitution. At its gathering held on October 1, 1950, the Bar Council of Madras
embraced a resolution.

Syed Mohammed Ahmad Kazmi, a Member of Parliament, on April 12, 1951, introduced a
comprehensive bill to amend the Indian Bar Councils Act. In August 1951, the then Law Minister
proposed to set a committee of Inquiry to go into the problem in detail. The committee was asked
to prepare a report on the various aspects like the desirability and feasibility of a unified Bar for
the whole India; the establishment of a separate Bar Council for the Supreme Court; and all the
related matters. This All India Bar Committee was led by the Justice S.R. Das and had other seven
members. The committee submitted its detailed report on 30 March 1953. The report consisted of
a proposal to establish a Bar council for each state and an All India Bar Council at the national
level.

In the meantime, the Law Commission of India was assigned the job of assembling a report on
judicial administration reforms. A comprehensive Advocated Bill was presented in the Parliament
P a g e | 26

which brought about the Advocates Act, 1961 to implement the suggestion of the All India Bar
Committee and the Law Commission’s proposals related to the legal profession. The Bar Council
of India was established under section 4 of the Advocates Act, 1961. M.C. Setalvad and C.K.
Daphtary were the first chairman and vice-chairman respectively.

It’s objectives and functions

The primary objection of BCI is to control and administer the working of all immediate subsidiary
state-level bar councils other than setting out the measures of professional conduct and etiquette.

The statutory functions of Bar Council of India are stated under Section 7 of the Advocate Act,
1961. Following are the functions of BCI concerning the different bodies:

1. Advocates – BCI lays down standards of professional conduct and etiquette for advocates and
BCI also safeguards the rights, privileges, and interests of advocates.

2. State Bar Council– BCI lays down the procedure to be followed by its disciplinary committee
and the disciplinary committee of each State Bar Council. BCI deals with and disposes of any
matter arising under this Act, which may be referred to it by a State Bar Council. BCI exercises
general supervision and control over State Bar Councils.

3. Recognition- BCI recognizes Universities whose degree in law shall be a qualification for
enrolment as an advocate and for that purpose to visit and inspect Universities. BCI also recognizes
on a reciprocal basis foreign qualification in law obtained outside India for admission as an
advocate under this Act

4. BCI promotes and supports law reforms and also gives suggestions or recommendations.

5. Legal Education– BCI promotes legal education and lays down standards of such education in
consultation with the Universities in India imparting such education. BCI conducts seminars and
organizes talks on legal topics by eminent jurists and publishes journals and papers of legal interest.
BCI also organizes legal aid to the poor in a prescribed manner.

6. Funds– BCI manages and invests in the funds of the Bar Council. Through this fund BCI gives
financial assistance to organize welfare schemes for poor, disabled, or other advocates. This fund
is also used in giving legal aid and establishing law libraries.

BCI can receive grants, donations, and gifts for any of the above-mentioned
purposes.

7. Elections– BCI conducts elections regularly to elect its members who shall run the Bar
Councils.

Powers
P a g e | 27

Bar Council of India under its formation has been given powers to regulate many things. Few
major powers that BCI hold are divided amongst the committees set up by the Advocates Act.
Section 9 of the act sets up the Legal Education Committee and under Section 10 an Executive
Committee is set up. Chapter III of the Bar Council of India Rules permits the Council to form
more committees in addition to those specified in the Act. The Council also has the power to
delegate the duties or functions to these committees.

Legal Education Committee has the power to make recommendations to the council for laying
the standard of legal education. This committee also goes for inspection to different universities
and reports to BCI.

Disciplinary Committee of BCI hears an application for revision by persons against summary
dismissal of their complaints against advocates for professional misconduct, by the state bar
councils.

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

Advocate Welfare Committee is empowered by the Advocates Welfare Act, 2001. This
committee looks after the application procedure made by advocates for welfare funds. It also
verifies their application and provides the fund.

Legal Aid Committee has the power to offer services to the poor, who cannot afford the services
of a lawyer. This committee gives the payment of the court from the charges of preparing a case,
drafting to filing the case.

There are other committees which look after the infrastructure of the council’s office across the
country.

All these committees work under the BCI. BCI has the power to the discontinuance of recognition
of any University which is based on the recommendation by the Legal Education Committee. BCI
also hears every appeal which is proceeded by the Disciplinary Committee.

BCI has the power to conduct the All India Bar Examination (since 2010) which tests an advocate’s
ability to practice law. An advocate must pass this examination to practice law in any court.

BCI also conducts the National Moot Court Competition which promotes advocacy skills amongst
law students through Bar Council of India Trust (public charitable trust). There is an Indian Bar
Review which is a quarterly journal of BCI and is among the top legal periodicals in the country.

Legal basis

Advocates Act, 1961 is the act that provides for the constitution of the Bar Councils and an All-
India Bar. Section 3 of the act talks about the State Bar Council whereas Section 4 the act talks
about the existence of Bar Council of India. Section 4 of the act also talks about the members who
will consist of structure BCI. The Attorney- General of India and the Solicitor- General of India
P a g e | 28

will be ex officio. It also talks about that there will be one representative from each State Bar
Council.

Section 5 of the act establishes that BCI will be a corporate body as there will be perpetual
succession and a common seal, and can it sue by the name which it is known.

Section 7 of the act mentions all the functions to be performed by BCI. An amendment was made
by Act 60 of 1973 and more functions were inserted in Section 7. Section 7 also gives power to
BCI to become a member of international legal bodies, for example, the International Bar
Association. The Act in Chapter II states all about the council through different sections. Under
Chapter II, the constitution of the different committees, the criteria of disqualification of members,
a staff of Bar Council, etc. are mentioned.

Bar Council of India Rules also laid our rules, which were made by BCI in the exercise of its
rulemaking power under the Advocates Act, 1961. Bar Council of India Rules lays down the
procedure for the election or the termination of the members of the council. It also specifies the
powers of the chairman and vice-chairman of the council. Not only this it also talks about the
procedure of the meetings of the council or the meeting of the committees and their reports.
Chapter IV of the rules gives the qualification and conditions of service of the secretary,
accountant, and other members of the staff.

All these section and Advocates Act lays down the legal basis of BCI.

Critical analysis

In recent times the horizon of BCI is increasing. BCI has seen the rise in legal education, about
fifty years ago the concept of the law school was very different and more of the convention but,
through the efforts of BCI and other authorities the image of legal education right now is more
practical.

Legal education is also that field which has to fulfil the requirement of globalization. BCI from
time to time is ensuring that the standard of legal education is maintained so that the graduates can
fulfil the requirement of globalization. Hence, BCI ensures that even paralegal education is also
provided to students. Some more changes were recommended by BCI in legal education after the
184th Report of the Law Commission which urged the need for having subjects related to
International Trade Practice, Comparative Law, International Human Rights Law, Space Law, etc.
to increase intercontinental endeavour among students.

One of the important things to be noticed is that BCI can only recommend or suggest things but
the power of enforcement is exhaustive.

In the pandemic time also, BCI is working for the benefit of its members. The Bar Council of India
has told the Hon’ble Supreme Court that it will be providing some amount for the assistance to the
needy lawyers amid the lockdown.
P a g e | 29

There are certain provisions in the legal field in India today which the Bar Council must
investigate, so as to protect the law standard from degradation and to keep up the same standard.

Conclusion

The Bar Council of India has plenty of capacities vested inside itself, whereby practicing those
capacities it can rebuild and reframe the entire legal field in the nation. Indeed, it very well may
be all the more overwhelmingly visualized, that in present-day times it has scarcely contribute
valuably in the improvement of law in India. Bar Council of India is working effectively, although
there have been talks related to an increase in the power of BCI to ensure more effective command
over the law as a profession. Meetings are held regularly to ensure the smooth functioning of BCI.
P a g e | 30

V
Contempt proceedings

Introduction
This article deals with the law of contempt and why the concept of criminal contempt is criticized.
It also deals with the ethical conduct of an advocate towards the court and should the subjective
determination as to what constitutes criminal contempt be treated as a violation of ethics in the
legal profession.
What is contempt of court?
Article 129 declares that the Supreme Court as a “Court of record” and that it shall have all the
powers of a court of record including the power to punish for its contempt of itself.
Further Article 142(2) empowers the Supreme Court to investigate and punish for any contempt
of itself i.e. contempt of Supreme Court of itself.
Similarly, Article 215 declares High courts as a “Court of record” and that it shall have all the
powers of such a court including the powers to punish for contempt for itself.
Power to punish for contempt of both the High court and the Supreme Court has been given by the
Constitution as well as by Contempt of Courts Act, 1971.

Contempt of Courts Act, 1971 does not define what contempt is, it simply explains the types of
contempt: Civil contempt and Criminal contempt.

Importance of contempt of court

Contempt in law means being disobedient to a court of law or towards it ruling. The recognition
of contempt of court and to punish for contempt is essential for a nation such as India which is
based on the concept of rule of law, which requires supremacy of law, since the judiciary is
considered, as the last bastion of hope and justice for the citizens of any nation.
According to the Supreme court bar association v. Union of India (1995), The object of
punishment is both curative and corrective and these coercions are meant to assist an individual
complainant to enforce his remedy and there is also an element of public policy for punishing civil
contempt since the administration of justice would be undermined if the order of any court of law
is to be disregarded with impunity.

Kinds of contempt of court

The Contempt of courts Act, 1971 (hereinafter “1971 Act”) regulates the contempt of court and
provides for 2 types of contempt.
Civil contempt [Section 2(b)]
According to section 2(b), civil contempt means wilful disobedience of any judgement or a decree
of a court or a wilful breach of any undertaking given to a court.
The definition of civil contempt is simple enough for a reasonable man with ordinary prudence to
conclude as to what action will constitute civil contempt. Determination of civil contempt is
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objective and is not based on the subjective understanding of anyone. If there is a judicial order
and if such order has been wilfully disobeyed then that fact of disobedience will constitute civil
contempt.

 Criminal contempt [Section 2(c)]

Section 2(c) defined criminal contempt as the publication of any matter which either Scandalizes
or lowers the authority of the court, or that such matter interferes or prejudices any judicial
proceeding, Interferes or obstructs the administration of justice in any manner. Further, an act or
publication will constitute contempt if it even tends to scandalize the authority of the court or it
tends to interfere with any judicial proceeding or administration of justice.
The expression “scandalizes the authority of court” depends to a great degree on the discretion of
the judge as no law in India has defined what constitutes scandalizing the court. Proceeding for
criminal contempt has been initiated against citizens even for criticizing the Judges of Supreme
court and high courts.
Dicey writes in his Law of the Constitution “wherever there is discretion there is room for
arbitrariness”.

Relationship between contempt of court and courts being the court of record
Both the High court and Supreme Court are courts of record and as a court of record, they have
the power to punish for contempt of itself respectively as well as contempt of courts which are
subordinate to it.
Nigel Lowe and Brenda Suffrin in the Law of Contempt (3rd edition), have explained that the
jurisdiction and power of the court of record write that contempt jurisdiction of courts of record
forms part of their inherent jurisdiction, all courts of record have the power to punish for contempt
committed in their face, but the inherent power to punish for contempt’s outside the courts reside
only in superior courts of record.
In Re: Vinay Chandra Mishra v. The Unknown (1995), the Supreme Court said that contempt
jurisdiction of the superior court is not based on law, but it is inherent in the court because it is a
court of record. Thus power to contempt resides in the Supreme Court and High courts because
they are deemed as a court of record by the constitution.

Role of ethics in the contempt of court and analysis of criminal contempt of the courts
As stated earlier, the determination of what constitutes criminal contempt is very subjective and
overly-broad. Law is said to be overly-broad when its language is such that it restricts even speech
that is and should be constitutionally protected like free speech, legitimate criticism. There are no
specific rules or circumstances which could justify criminal contempt. According to Fali S
Nariman “Criminal contempt has fallen into disuse in most of the civilized countries around the
world, but not in India”. The legal profession is a noble profession and advocates are considered
as officers of the court and the nobility of the legal profession is ensured by complying with the
code of conduct laid down by the Advocate’s Act.
Chapter 2 Part V of the Bar Council of India rules provides the code of ethics which is to be
followed by advocates. A part of the rules deals with the Advocate’s duty towards the court. For
the purpose of this article rules which are important include:
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 Advocate has to keep in mind the dignity of the judge.

 It is the duty of the advocate to perform his function in such a manner that due to his
acts the honour and integrity of the court are not affected.
According to Chief Justice Marshall, the fundamental aim of Legal ethics is to maintain the honour
and dignity of the law profession. However, what acts constitute to mar the dignity of courts and
judges is not specified and this has been criticized by many imminent lawyers. A fundamental
question arises, whether criticizing the judge in his personal capacity amounts to an act, which is
against the ethics of the legal profession and scandalizes the authority of the court.
According to Dushyant Dave (President, Supreme Court Bar association) in response to contempt
proceeding against imminent Human rights lawyer Prashant Bhushan, scandalizing a judge as a
Judicial officer is different from scandalizing the judge as an individual”.
Criticism of judges according to eminent jurists around the globe ought not to be considered as a
violation of ethics towards the court. As the former Chief Justice Gajendragadkar said: “We ought
never to forget that power to punish for contempt, large as it is must always be exercised
cautiously, wisely and with circumspection. Frequent and indiscriminate use of this power, in
anger, would not help to sustain the dignity or status of the court, but may sometimes affect it
adversely”.
It must be kept in mind that justice is not a cloistered (closed) virtue, and it must be allowed to
suffer scrutiny since this is the essence of democracy. Criticizing judges or even the court as an
institution is the essence of democracy and suppressing it under the garb of contempt casts a
chilling effect on the free speech of an advocate. Higher judiciary has unbridled power in deciding
what constitutes criminal contempt. The initiation of contempt proceeding against Advocate
Prashant Bhushan has been criticised not just by his fellow advocates but also retired judges and
free speech activists. To criticize a judge is a necessary right. Justice Markendey Katju said in a
2007 lecture on Law of contempt.
“If a person calls me a fool, whether inside the court or outside court, I for one would not take
action as it does not prevent me from functioning.”
According to Arun Shourie and Adv. Prashant Bhushan, Scandalizing the authority of the Court
under Criminal Contempt, violates freedom of Speech and is manifestly arbitrary. According to
them, the language is vague enough to encompass within its sweep legitimate criticism as well,
thus violating the Doctrine of Overbreadth. For them, it is rooted in colonial assumption and
objects and has no place in a democracy.
Further, if any comment is made against an individual judge, it must be ascertained whether it
interferes with the administration of justice or impairs a judge in the adjudication process. This is
because under section 13 of Contempt of Courts Act, 1971 a person cannot be punished for
Contempt unless the act “substantially interferes with the due course of Justice”. In P.N. Duda vs.
V. P. Shiv Shankar & Ors. (1988), the court stated that criticism of the court that does not hamper
the administration of justice cannot be punished as contempt. The Supreme Court has repeatedly
held that when a court exercises the power of criminal contempt, it does not do so to vindicate the
dignity and honour of the individual judge who is personally attacked or scandalized but to uphold
the majesty of the law and the administration of justice.
In the context of Contempt proceedings against Advocate Prashant Bhushan, prof. Faizan Mustafa
says that “Public confidence in the judiciary is strengthened not by resort to contempt powers but
by orders and judgement”. Lack of clarity on what constitutes as scandalous and lowering the
dignity of court and discretion of Judges over it can curb legitimate criticism. The focus must be
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on dealing with civil contempt. According to Indian Judiciary Report (2016-17), The High Courts
have 96,310 Civil Contempt cases, compared to Criminal Contempt which was 586.

Punishment for contempt of court

Article 129 and 215 empower the Supreme Court and the High courts to punish its contempt.
Accordingly, Section 12 of the Contempt of Courts Act, 1971 provides for punishment for
contempt of court. It incorporates the type and extent of punishment which the courts can give for
contempt.
According to section 12 contempt may be punished either by simple imprisonment of 6 months or
a fine of Rs. 2000 or both. The further section makes it clear that the punishment for contempt
cannot exceed the 6-month imprisonment and fine of Rs 2000. Thus this is the maximum
punishment which the courts can give for contempt.
Further section 12 also states that imprisonment should only be imposed if it is necessary to do in
the interest of justice. In Smt. Pushpaben and another vs. Narandas V. Badiani and another3 the
Supreme Court said that the Contempt of Courts Act, 1971 confers special power on the court to
impose imprisonment and the court must give a special reason with a proper application of mind
while giving a sentence of imprisonment. It further said that the Sentence of a fine is the rule while
imprisonment is an exception.
In the Supreme Court bar association v. Union of India said that for imposing imprisonment, the
contempt has to be serious enough and that it must consider the likelihood of interference with the
administration of justice. Culpability of the offender and that the intention for the act of contempt
is a crucial factor while considering imprisonment as punishment for contempt.
Further according to section 10 of the Contempt of Courts Act, 1971, the High courts have the
jurisdiction and authority to punish for the contempt of courts subordinate to it as well.

Scope of punishment for contempt of courts

The Supreme Court in Supreme Court bar association v. Union of India (1998) discussed the
power of courts to punish for contempt. It said that although parliament or state legislature has the
power to make law in contempt of court, such legislation cannot denude, abrogate or nullify the
power of the Supreme Court to punish under article 129 or vest that power in some other court.
This, it said because the Supreme Court is a court of record and being a court of record it has an
inherent power to punish and no law can take away this inherent jurisdiction (power) of a court
of record. In simple words, it means that the Supreme Court and the High Court being courts of
record, no law can take away the inherent jurisdiction.
It further differentiated between the power of the High court and that of the Supreme Court to
punish for contempt. It said that 1971 does not deal with the power of the Supreme Court to punish
for contempt of itself and only article 142(2) and 129 deals with it. This is because in the
definitions clause of the Contempt of Courts Act, 1971 there is no mention of the Supreme Court
and as the Supreme Court said that section 15 only deals with the procedure by which the Supreme
Court can take cognizance of an act of contempt. Thus it said that the nature of punishment under
Contempt of Courts Act, 1971 may act as a guide for the Supreme Court but the extent (quantum)
of punishment under the act can apply only to the High courts. This is because according to the
court, the1971 act ipso facto does not deal with the contempt jurisdiction of the Supreme Court.
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Court supported this ratio by relying on another judgement Sukhdev Singh v. Hon’ble C.J.S. Teja
Singh & Ors (1954). In which it said that maximum punishment which can be imposed on a
contemnor must be construed as dealing with the powers of the High court only and not the
Supreme Court. Thus the scope of power to punish for contempt of Supreme Court is not limited
by the Contempt of courts act, 1971.

Punishments that can be given to an advocate under the Advocates Act, 1961 for professional

misconduct

In Re: Vinay Chandra Mishra, the Supreme Court suspended the licence of a senior advocate on
grounds of contempt of court. This decision was challenged in the Supreme Court bar association
v. Union of India and was overruled. It held that punishment for an established contempt of court
committed by an advocate could not include punishment to debar him from practice by suspending
his licence, which can only be done by the concerned State Bar Council and the Bar Council of
India, under the Advocates Act, 1961.

Punishment for professional misconduct under the Advocates Act

Section 35 of the Advocates Act deals with professional misconduct. According to it, when the
State Bar Council of India receives a complaint about professional misconduct, it shall transfer the
disciplinary committee of the concerned state bar council. However, Bar Council can transfer the
case to the disciplinary committee of any other State Bar council as well.
The disciplinary committee after the receipt of the complaint will give a chance of hearing to the
advocated, after that it may either:

 Dismiss the complaint, or if the proceedings were initiated at the instance of the State
Bar Council, directs that proceedings be filed; or
 Reprimand the advocate i.e. warn the advocate; or
 Suspend the advocate from practice for such a period as it deems fit; or
 Remove the name of an advocate from the state roll of advocates.
Again it must be noted that only the Disciplinary committee has the power to suspend the advocate
from practice or remove him from the State roll of advocate and the High court and Supreme Court
cannot exercise its power to punish for contempt to suspend or remove the advocate.
The Supreme Court states that the power of the Supreme Court to punish for contempt of court
though wide is limited and cannot be expanded to include whether an advocate is guilty of
professional misconduct.

Defenses available
Defenses available to an advocate are given under section 3 to 8 of Contempt of Courts Act, 1971.
According to Section 3 of the Contempt of Courts Act, 1971 innocent publication and distribution
of matter is not contempt. It says that a person is not guilty of contempt for publication of any
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matters which interferes or may interfere with the administration of justice if such person was not
aware that the matter was pending before the court.
Further, it says that any matter published relating to a civil or criminal proceeding will not
constitute contempt if such proceeding is not pending before the court.
Knowledge about the pendency is an essential pre-condition for holding a person guilty of
contempt.
Therefore, a publication and distribution to be considered innocent under the section must fulfil
the following condition:
(i) The person accused of an offence, at the time of publication, had no reasonable grounds to
believe that the proceeding was pending.
(ii) The proceedings are not pending at the time of publication.
(iii) The person accused of distribution of the contemnous publication, had no reasonable grounds,
at the time of distribution of such material to believe, that the publication contains contemnous
matters or something which was likely to be in contempt of court.
Under Section 4 a person is not guilty of contempt for “fair and accurate report of a judicial
proceeding”. This is crucial since every citizen has a right to know about a judicial proceeding to
the extent that it does not invade the privacy of any party related to the proceeding.
The judicial proceeding for the purpose of section 4 means day to day proceeding of the court.
Purpose of this section can be said to be the basic principle of any legal system that justice should
be administered in public. All common law countries follow the maxim Ignorantia Juris non-
excusat which means ignorance of the law is no excuse. Reporting of judicial proceedings can be
said to act as a remedy for this principle.
Under Section 5, fair criticism on the merits of any case that has been finally adjudicated does not
constitute contempt. Fair criticism can be said to be criticism which does not have any malicious
intent or done without any reasonable justification. In Re: S. Mulgaokar vs. Unknown (1978) Court
held that judiciary cannot be immune from fair criticism, and contempt action is to be used only
when an “obvious misstatement” with “malicious intent” seeks to bring down public confidence
in the courts or seeks to influence the courts.

In Radha Mohan Lal v. Rajasthan High Court (2003), the court held that:
Advocacy touches and asserts the primary value of freedom of expression. It is a practical
manifestation of freedom of speech.
This section embodies in itself the essence of free speech under Article 19 of the constitution and
freedom of the press.
Under Section 6 any statement made in good faith concerning a presiding officer will not make a
person guilty of contempt.
Under Section 7 fair and accurate reporting of a proceeding of a court “in chambers or in the
camera” is not contempt except when the publication of publication is prohibited by a specific law
or when the court on grounds of public policy specially prohibits the publication of a proceeding
or if court prohibits publication on the ground of “public order” or “the security of the State” or
when the information relates to a secret process, discovery or invention which is an issue in the
proceedings.
Section 4 deals with reporting of any judicial proceeding before the court, whereas Section 7
specifically deals with processing either in the chambers or in-camera proceeding. In-camera
proceedings are court proceedings conducted in private in the absence of public and press.
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Further Section 8 says that any other bona fide and valid defenses cannot be held to be invalid just
because such defenses are not available merely because of the provisions of Contempt of Court
Act, 1971.

The Prashant Bhushan case

In Re: Prashant Bhushan & Anr., the Supreme Court held Senior Advocate Prashant Bhushan
guilty of Contempt. It held the 2 tweets by the Senior Advocate to be in Contempt of court because
it scandalized the authority of the court. The court relied on the judgement given in Brahma
Prakash Sharma And Others vs. The State Of Uttar Pradesh (1953) in which it ruled that
scandalizing the court is when there is an attack on an individual judge or the court as a whole
with or without reference to particular cases, casting unwarranted and defamatory aspersions on
the character of the judges. This according to the court is necessary because it creates distrust in
the mind of the people and “impairs the confidence of people in the courts which is of prime
importance.
It further relied on the judgement given in C. K. Daphtary & Ors vs. O. P. Gupta & Ors (1971) in
which it ruled that any publication which was calculated to interfere with the due course of justice
or administration of the law would amount to Contempt of Court. It said that a scurrilous attack
on a judge, for a judgement or past conduct, has in our country the inevitable effect of undermining
the confidence of the public in the judiciary and if confidence in judiciary goes, administration of
justice definitely suffers.

 According to the court, the first part of the Tweet stated that, “At a time when he (Chief
Justice) keeps the Supreme Court in lockdown mode, denying citizens the Fundamental
Rights to access to justice.”
Court held this to be contemptuous because according to the Court the tweet criticized the Chief
Justice of India in his capacity as the Chief Justice of India and not as an individual. The court
ruled that the tweet had the tendency to shake the confidence of the public in the Judiciary and this
according to the Court undermines the dignity and authority of the administration of Justice.
It further said that an attack on the Supreme Court not only reduces the confidence of an ordinary
litigant but also of other judges in the country in its highest Court.

 The Court for his 2nd tweet court said that the tweet gives the impression
that the Supreme Court has played a particular role in the destruction of democracy in
the last 6 years and this according to the Court is the criticism of Judiciary as an
institution and shakes the faith of the people in the Judiciary.
The court ruled that an attempt to shake the foundation of Constitutional democracy i.e. the
Judiciary has to be “dealt with an iron hand”. For the Court, the tweets have the effect of
destabilizing the Foundation of Indian Democracy.

Conclusion
Civil contempt is necessary as wilful disobedient litigants who ignore the orders of the court cannot
be let-off otherwise it would seriously affect the administration of justice and trust of people in the
judiciary. Trust, faith and confidence of the citizens in the judiciary is sine qua non for the
existence of Rule of Law. However, criminal contempt according to experts should be rationalised
if not completely removed from the statute. This is because it has the tendency to be used to curb
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Freedom of Speech and expression under Article 19 of the Indian Constitution. According to Arun
Shourie and Adv. Prashant Bhushan “Scandalising the authority of Court” under Criminal
Contempt, violates freedom of Speech and is manifestly arbitrary. According to them, the language
is vague enough to encompass within its sweep legitimate criticism as well, thus violating the
Doctrine of Overbreadth. For them, it is rooted in colonial assumption and objects and has no place
in a democracy.
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VI
Elements of Advocacy

An advocate is a person who argues in favour of his clients in courts of Justice. Advocacy is
pleading in support of his case. Advocacy is not a craft but at calling.

Definition of ’Advocate’ -

Section 2(1) (a) - “Advocate" means an Advocate entered in any roll under the provision The
Advocate Act 1961.
If a person fulfills the conditions required for an admission as an advocate, he may be
enrolled as an advocate by the State Bar Council. The conditions to be fulfilled for being
enrolled as an Advocate have been stated in Section 24 of the advocate act 1961. An
application for an admission as an advocate shall be made in the prescribed form to the State
Bar Council within whose jurisdiction the applicant proposed to practice. The State Bar
Council is required to refer every application for admission as an advocate to its enrollment
committee, which shall dispose of the application in the prescribed manner.
Elements of advocacy -
The following are 8 essential elements of advocacy.
A) Accept Brief in the Court -
An advocate is bound to accept any brief in the Courts or Tribunal or before any other
authority in or before which he is professes to practice at a fee consistent with his standing at the
Bar and the nature of the case.
B) Filing the case -
In civil cases of suit is required to be instituted by presenting a plaint to the court. The
statement of a plaint regarding his claim he is taken as a plaint. The plaintiff presents his case
along with cause of action etc, through the plaint. The plant is also called the written statement.
Every pleading is required to contain a statement in a concise form of the material facts on which
the party filing the plaint relies for his claim or defense.

Pleading- There are four fundamental principles of pleadings:

1) Every pleading must state Fact and No Law.

2) It must state all the material facts;

3) It must state only the facts on which the party pleading relies, and not the evidence; and
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4) It must state concisely but with precision and certainty.

The object of the pleading is to make both the parties aware of their cases and allegations
against each other. Every pleading shall be signed by the party and his pleader. Order VI of the
Civil Procedure Code deals with pleadings. It contains several rules relating to pleading. An
advocate shall follow the rules in his pleading. Suit is commenced by presentation of the plaint.
C) Examination-in-chief -
Examination-in-chief is the way in which advocates present almost all the evidence
through witnesses, whether as Counsel for plaintiff or defendant. Examination of expert
witnesses and admission of expert opinions are also vital part of advocacy for which special skill
is to be achieved according to the expert evidence.
D) Cross-examination -
The examination of a witness by the adverse party shall be called his cross examination.
Witness shall be first examined-in-chief and cross-examined, later re-examined. The witness
maybe cross-examined to show his bias or prejudice, to show an interest in the outcome of the
case. Cross-examination should be carefully done to the extent when there is a reasonable chance
that it will advance their clients theory of the case or undermine some elements of the opponent's
case or defense. Good cross-examination is an art and it is learnt from experience and from
observing senior Advocates while cross-examining witnesses as well.
In cross-examination every question is required to be asking with an object. By cross-
examination discrepancies in the evidence of the opponent may be created.
Cross examination of witness is a procedural matter. It should be done according to the
provision of the Indian Evidence Act, Civil Procedure Code, Criminal Procedure Code and the
provisions of the law.
While cross-examining witnesses, an advocate must not offend the personal feelings of
the opposite party.
Cross-examination must relate to the relevant facts. An advocate has no right to disgrace
and bully a witness by putting offensive questions. The witness may be cross-examined on the
same point and if there is a contradiction in relation to the transaction, the same can be brought
to the notice of the court during arguments. Cross-examination should not be misused by an
examination which is unnecessarily too long, ambiguous, improper, aimless and uncertain.
In cross examination an advocate should ask only leading questions cross examination is
an art and the advocate should use it without losing temper. Questions which affect the
credibility of a witness by attacking his character should not be asked.
It is to be remembered that crossed examination should be carefully done and to the
extent when there is a reasonable chance that it will advance their clients theory of the case, or
undermine from elements of the opponent's case or defense.
The opponent advocate should not interrupt the cross examining advocate. Cross
examination is a right of the Advocate but it should not be misused.

E) Re-Examination -
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The examination of a witness subsequent to the cross examination by the party who
called him is called Re-Examination. The main object of the Re-Examination is to explain the
points arising out of the cross-examination. And the Re-Examination is required to be directed to
the explanation of the matter referred to the in cross examination. In the Re-Examination an
attempt is to be made to restore the credit of the witness attacked during the cross-examination.
In re-examination leading questions must not be asked. If new matter is, by permission of the
court, introduced in re-examination, the adverse party has the right to cross-examine upon that
matter.
F) Arguments -
In arguing a case strongest points should be emphasized and the weak points should not
be raised as far as possible. Arguments on each issue should be written out. The name of
witnesses and the documents in support of the issues should be clearly noted.
An advocate should study the record of the case with the object to discover the weak
points and also the strong points in the opponent's case. An advocate should prepare the
argument in such a way as to meet them and prove them as insignificant. If the Advocate finds
that a point of the opponent is very strong and cannot be met, then it is better to concede it. The
weak points in the opponent case should be emphasized much as so as to prove that the weakness
is of such a nature that in spite of everything else cannot be sustained.
G) Appeals:
Arguing of appeals in a court of law is also of considerable importance. In the
previous judgment, the judge will have some reasonable ground. A careful study of the case is
required to find the points which were not noticed by the Court below.