KES’ SHRI JAYANTILAL H.

PATEL LAW COLLEGE

TITLE OF THE PROJECT: Provision of the Advocate Act 1961

SUBJECT: Practical Training I

A project submitted in partial fulfillment of the requirements for

The First Semester of the LL.B 3yrs Course

BY:

NAME OF THE STUDENT: NITIN VITHOBA THAKUR

DIVISION: C

ROLL NO.: 48

SUBMITTED TO:

Miss.Vishalakshi Sathianathan Asst. Prof.

DATE:
 ACKNOWLEDGEMENT

I want to convey my sincere gratitude to Asst. Professor Vishalakshi Sathianathan for

providing us an opportunity to work on this project and to allow us to learn and grow during the
preparation of this project.

I would also like to thank our professors, for sharing their knowledge and expertise in the
subject matter, which helped us to shape our ideas and concepts, our batch mates, for their
constructive feedback and suggestions that helped us to improve our work, the library staff, for
providing us with access to research materials and resources that were critical to the completion
of the project, our family and friends, for their unwavering support and encouragement without
their support and contribution, this project would not have been possible. I am deeply grateful to
each and every one of them for their invaluable assistance.
 Provision of the Advocate Act 1961

The Advocates Act was enacted in 1961 and applies to the whole of India. This Act
was introduced “to amend and consolidate the law relating to legal practitioners and to
provide for the constitution of the Bar Councils and an All-India Bar.” The primary aim of the
Advocates Act, 1961, is to constitute a single class of legal practitioners, ‘Advocates’ as well
as to introduce the powers of the Bar Council of India and the State Bar Council. According
to this Act, only Advocates, who are enrolled in the Bar Council, have the power to practice
the law in the court. Through this, it can be demonstrated that an advocate registered under
the Bar Council is free to practice in the Supreme Court, High Court, any other judicial court,
quasi-judicial courts, or before an individual or group, legally authorized to take
documentary or oral evidence. The Act also defines that an advocate who has registered in
one State Council cannot enroll in another State Council at the same time. Despite this, an
Advocate can transfer from one State Council to another. It is clearly noticeable that every
individual has their own rights and duties delivered by the state whereas a right is an
entitlement and a duty is an obligation. Similarly, the Advocates Act of 1961, provides
certain rights (entitlement) and duties (obligations) of an advocate. These duties and rights
are to be fulfilled by the Advocates for a better Bar-Bench relationship. In this article, a brief
regarding the entitlements and obligations of an advocate under the Advocates Act of 1961
is discussed.

Rights of Advocates
In India, Advocates possess various rights which are protected and provided under the Advocates
Act, some of them are listed as follows:

 Advocate’s Right to Practice: It is an exclusive right given to the advocates enrolled in the
Bar Council of India that allow them to practice in any court all over India. As per Article 19(1)
(g) of the Indian Constitution, all citizens have the right “to practice any profession, or to carry
on any occupation, trade or business;” therefore, an advocate has full right to practice in any
court.
 Advocate’s Right to Enter Any Court and Observe the proceedings: It is the right of an
Advocate to enter into any courtroom either of the Supreme Court, High Court, or any other
Court to observe any live proceedings under Section 30 of the Advocates Act, 1961.
 Advocate’s Right to Freedom of Speech and Expression: As Article 19(1)(a) of the
Indian constitution enables every citizen the right to freedom of speech and expression,
Advocates also have this right even in a court of law. While arguing in litigation, an Advocate
cannot be stopped or prohibited from presenting his point of view until or unless he/she
violates the rules and regulations of the court of law.
 Advocate’s Right to Meet with Accused: It is the right of an advocate to meet with the
accused even if he/she is in jail. These meetings help the advocate to gain sufficient
information related to the facts and evidence that further help him for fighting the case in
Court. Despite the fact that time for the meeting is limited, Advocates have the right to meet
the client every day in jail.
  Advocate’s Right to Take the Fee: Every advocate has the right to take a fee from a client
if they give any service to them. It is clearly mentioned in Rule 11 of Chapter 2 of Part VI of
the Bar Council of India that an advocate has the ability to take fees from his client.
 Advocate’s Right Against Arrest: As per Section 135 of C.P.C. (Civil Procedure Code),
“No Judge, Magistrate or other judicial officers [Advocate] shall be liable to arrest under civil
process while going to, presiding in, or returning from, his Court.”
 Advocate’s Right to Refuse for a Case: This right allows the advocates to refuse to take a
case that they feel deals with illegal things.
 Advocate’s Right to Secure the Privacy of Communication: This right of the Advocate is
provided under Section 129 of the Indian Evidence Act of 1872 which states that an
advocate has the right to protect or secure the privacy of the communication with his client.
Along with this, this Section also illustrates that no one can threaten an advocate to disclose
the information collected via tête-à-tête. In short, it can be demonstrated that the advocate
himself is not liable to share information with anybody regarding the conversation between
him and his client as well as no third person can threaten him to disclose the same.

Duties of Advocates against the Court

 It is the duty of an Advocate to refuse to perform any kind of illegal work to win the
case while representing the client in the Courtroom.
 It is the duty of an Advocate to not act in a way that breaks the rules and regulations
of the Court and disrespects the court as well as the judges in the courtroom for
hearing the case.
 It is the duty of an Advocate to appear in the Court well-dressed as per the dress
code defined by the Bar Council of India while representing the case.
 It is the duty of an Advocate to wear Gowns or Bands only in the court and not in
public places except while attending the ceremonial function by the BCI.
 It is the duty of an Advocate to refuse to fight a case where the judge is in any kind of
relation (either blood or any other) with the advocate.
 It is the duty of an Advocate not to perform any unethical practice such as
communicating with the judge regarding the Case pending before the Court.