1.
Historical Perspective and Regulation
of Legal Profession
- Ancient India
- In ancient India, legal disputes were resolved by kings,
elders, or village assemblies.
- There was no formal legal profession, but Brahmins and
learned scholars assisted rulers in delivering justice.
- The Dharmaśāstra and religious texts played an essential role in
legal decision-making.
- The legal system was hierarchical, with village assemblies
resolving local disputes and royal courts handling more
significant conflicts.
- Medieval India
- During the Mughal period, the legal system was based
on Islamic law (Sharia), with Qazis (Islamic
judges)adjudicating cases.
- Hindu law was applied in matters concerning Hindus.
- There was no uniform legal system, and justice was often
subjective.
- Mughal courts included royal courts and provincial courts, and
decisions could be appealed to higher authorities.
- British Rule and the Modern Legal System
- The Regulating Act of 1773 and Charter of 1774 established
the Supreme Court at Fort William.
- The Legal Practitioners Act, 1846, allowed Indians with legal
education to practice law.
- The Indian Bar Council Act, 1926, unified legal practitioners
under High Court jurisdictions.
- The Advocates Act, 1961, finally established a single category of
legal professionals.
2.Origin and Development of Legal
Profession
- The legal profession began with the establishment of Mayor's
Courts (1726) in Madras, Bombay, and Calcutta.
- The Charter of 1774 gave power to British lawyers to practice in
India.
- The Indian High Court Act of 1861 led to the foundation of High
Courts, allowing Indians to practice law.
- The Advocates Act, 1961, brought full reform, allowing a single
category of legal professionals known as Advocates.
3. Salient Features of Advocates Act, 1961
- Consolidation of Laws: The Advocates Act of 1961 consolidated
all existing laws related to the legal profession.
- All-India Bar Council: The Act established the Bar Council of
India at the central level.
- State Bar Councils: It also provided for the creation of State
Bar Councils in each state.
- Common Roll of Advocates: The Act established a common roll
of advocates throughout India.
- Right to Practice: Advocates enrolled in the common roll can
practice in all courts throughout India.
- Integration of the Bar: The Act integrated the Bar into a single
class of legal practitioners known as advocates.
- Uniform Qualifications: It prescribed uniform qualifications
for the admission of persons to be advocates.
- Regulation of the Profession: The Act entrusted Bar Councils
with the power to regulate the legal profession.
- Structure: The Act consists of 60 sections divided into 7
chapters.
4.Disciplinary Committee Bar Council
of India
- Constitution: The Bar Council of India (BCI) constitutes one or
more disciplinary committees, each consisting of three members.
- Composition: Two members are elected by the BCI from its
members, and one is co-opted from advocates who are not
members of the BCI but possess the qualifications specified in
the Act. The senior-most advocate serves as the chairman.
- Functions:
- Hears applications for revision against the summary dismissal
of complaints against advocates for professional misconduct by
State Bar Councils.
- Enquires into complaints where State Bar Council Disciplinary
Committees have not completed the enquiry within one year from
the date of receipt of the complaint.
- Hears appeals against orders of State Bar Councils.
- The BCI Disciplinary Committee has powers similar to a civil
court.
- The BCI Disciplinary Committee does not have the power to
review its own order.
• Powers:
- Can punish advocates for misconduct.
- Can reprimand, suspend, or remove an advocate from the
state roll.
- The BCI can call for the record of any proceedings
disposed of by a State Bar Council or its committee if no
appeal lies.
• Procedure: The procedure followed by the Disciplinary
Committee of the Bar Council of India is similar to that of a
State Bar Council.
5. Disciplinary Committee of State Bar
Council
- Constitution: Each State Bar Council constitutes one or more
disciplinary committees, each consisting of three persons.
- Composition: Two members are elected by the State Bar Council
from its members, and one is co-opted from advocates with the
required qualifications who are not members of the council. The
senior-most member acts as chairman.
- Functions:
o To entertain and determine cases of misconduct against
advocates on its roll.
o Inquire into cases referred to it by the State Bar Council.
o Can register cases suo motu.
o Can withdraw proceedings from one disciplinary
committee and refer them to another.
- Procedure:
o The committee fixes a hearing date and issues a notice to
the advocate concerned and the Advocate-General of the
State.
o The advocate and Advocate-General can appear in person
or through another advocate.
- Must complete inquiry proceedings within one year from receipt
of the complaint.
- If the inquiry is not completed within one year, the case is
transferred to the BCI.
- Powers:
o Can dismiss a complaint.
o Can reprimand an advocate.
o Can suspend an advocate from practice for a specified
period.
o Can remove an advocate's name from the State roll of
advocates.
- Punishments: During suspension, an advocate is debarred from
practicing in any court or before any authority in India.
- Review: The disciplinary committee can review its order within
60 days and any order passed in review by the disciplinary
committee of the state Bar Council shall have effect only when
it is approved by the Bar Council of India.
6. Qualification for Enrolment
- Citizenship: Must be a citizen of India.
- Exception: A national of another country can be admitted if
Indian citizens are permitted to practice law in that country.
- Age: Must have completed 21 years of age.
- Education:
o Must have a law degree from an Indian university.
o Can have a law degree from a foreign university
recognized by the Bar Council of India.
o Must complete a three-year regular law course after
graduation, or a five-year integrated law course after 10+2.
- Enrollment Fee: Must pay the required enrollment fee. The
enrollment fee for state is ₹600 and ₹150 for BCI, but is reduced
for SC/ST candidates (₹100 for state and ₹25 for BCI).
- Additional Requirements: Must fulfill any other conditions set
by the State Bar Council.
- No Maximum Age: There is no maximum age limit to enroll as an
advocate.
- All India Bar Exam: Must pass the All India Bar Exam to
practice as an advocate.
7. Disqualification for Enrolment
- Moral Turpitude: Conviction of an offense involving moral
turpitude disqualifies a person from enrollment.
- Untouchability Offenses: Conviction of an offense under the
Untouchability (Offenses) Act, 1955 also disqualifies a person
from enrollment.
- Other Business or Profession: An advocate cannot do any other
business, or work as a full time employee. However, an advocate
who inherits any family business may continue it, but not
personally participate in the management of the business.
8. The Role of Bar in Judicial System
- Officers of the Court: Lawyers are considered officers of the
court and are expected to assist the court in the administration
of justice.
- Assisting the Court: They collect legal materials relating to
cases and present them to the court, which helps the court in
arriving at a correct judgment.
- Partners in Justice: The legal profession is a partner with the
judiciary in the administration of justice.
- Trained Legal Experts: Lawyers are trained legal experts to
whom parties entrust their interests.
- Ensuring Fair Trial: Lawyers ensure a fair trial by being
learned in the law and acting on high principles.
9. Bar-Bench Relations
- Two Wheels of the Chariot of Justice: The Bench (judges) and
Bar (advocates) are often described as the two wheels of the
chariot of justice.
- Importance of Good Relations: A good relationship between the
Bar and Bench is essential for the healthy and timely delivery of
justice.
- Benefits of Cordial Relations: It helps in prevailing justice,
saving time and cost, and maintaining a positive atmosphere in
the court.
- Role of the Bar:
o To respect the court in words and actions.
o To provide the right information to the bench, including
relevant references and case laws.
o Not to criticize the bench on a judgment but to use the
opportunity to make an appeal.
o Not to pressurize or influence the bench illegally.
- Role of the Bench:
- To listen to lawyers patiently and courteously.
- To give due respect to lawyers and their opinions.
- Mutual Respect: Both Bar and Bench should maintain mutual
respect and not indulge in any activity that lowers the dignity of
the other.
10. Concept and Meaning of
Professional Ethics
- Code of Conduct: Professional ethics is a code of conduct
(written or unwritten) that regulates the behavior of a
practicing lawyer towards themselves, their clients, their
adversaries, and the Court.
- Rules and Practices: Ethics of the legal profession are the rules
and practices that determine the professional conduct of the
members of the Bar.
- Maintaining Dignity: The main object of professional ethics is to
maintain the dignity of the legal profession and the friendly
relation between the Bench and Bar.
- Guiding Lawyers: Rules of ethics guide lawyers in
circumstances when self-interest is a misleading factor.
- Protecting Faith in the Profession: Lawyers should not do
anything that would lessen people's faith in the honesty and
integrity of the legal profession.
- Maintaining Standards: To maintain the respect of the
profession, lawyers must follow certain ethical regulations.
- Promoting Justice: Professional ethics ensures the concept of
justice is successful.
- Components of Etiquette: Etiquette refers to the pattern of
behavior and mode of conduct with elegance, dignity, and
decency, requiring an advocate to behave as an officer of the
court, a member of the community, and a gentleman.
11. Rights of an Advocate
- Right to Practice: An advocate has the right to practice the
profession of law in any court or tribunal.
- Right to Appear: They have the right to appear before any
tribunal or person legally authorized to take evidence, and any
other authority before whom they are entitled to practice.
- Right to Conduct Cases: Advocates have the right to conduct cases
for their clients.
- Right to Sit in Court: As officers of the court, they have
privileges such as the right to be seated in the court.
- Right to Compromise: They have the right to enter into a
compromise on behalf of their client with the client's direction.
- Right to Inspect Documents: Advocates have the right to inspect
documents relating to the case of their client.
- Right to Take Copies: They have the right to take copies of
public documents, such as orders, decrees, and decisions.
- Right to Cite Precedent: They can cite precedents of High Courts
or Supreme Courts.
- Right to be Appointed Commissioner: They have a right to be
appointed commissioner for inspecting a property.
- Right to be Appointed Oath Commissioner: Some advocates are
appointed oath commissioners by the District Judge for attesting
affidavits.
12. The Nature and Characteristics of
: Ethics of Legal Profession
- Independent Profession: Legal profession is considered an
independent and holy profession.
- Wide Scope: The area of function and expansion is very wide.
- Spirit of Service: The main object of this profession is the "Spirit
of Service".
- Group of Professionals: The group of persons who do this
profession is called "Bar".
- Sweet Relations: Sweet relations between the Bar and Bench are
expected.
- No Corruption: There is no place for corruption and brokerage in
this profession.
- Officers of the Court: Legal professionals are considered
officers of the court.
- Noble Profession: It is considered a noble profession based on
trust and confidence between the lawyer and the client.
- Protectors of Justice: Lawyers and judges are considered
protectors of justice.
- Privilege: The practice of law is a privilege conferred on
lawyers.
13. Strike by the Lawyers
- Against Professional Ethics: Boycotting courts and striking
against the court is against professional ethics.
- Pressure Tactics: Courts should not yield to the pressure
tactics of boycott or any kind of browbeating.
- Maintaining Court Function: Courts should proceed with the trial
even if the advocates are not appearing.
14. Code of Ethics for Lawyers
- Advocates must uphold professional integrity, honesty, and
fairness.
- Confidentiality: Lawyers must maintain confidentiality
regarding client information and legal advice.
- Avoiding Conflict of Interest: Advocates should not represent
clients where a conflict of interest exists.
- No Misrepresentation: Lawyers should not engage in misleading
practices or false statements.
- Respect for the Court: Advocates should maintain respect and
decorum in court proceedings.
- No Solicitation: Advocates must not solicit clients through
advertising or personal approaches.
- Fair and Reasonable Fees: Lawyers should charge reasonable
fees and not exploit clients.
- Duty Towards Justice: The ultimate responsibility of a lawyer
is to assist in delivering justice.
15. Professional Misconduct and its
Control
- Dereliction of Duty: Misconduct means dereliction of duty.
- Professional Misconduct: Professional misconduct means
dereliction of duty related to the legal profession.
- Punishable Offense: Under Section 35 of the Advocates Act, an
advocate is punishable for both professional misconduct and
other misconduct.
- Instances of Misconduct: (See instances of Professional
Misconduct below)
- Control:
o State Bar Councils and the Bar Council of India have the
power to punish advocates for misconduct.
o Disciplinary committees are established to inquire into
cases of misconduct and take actions.
16. Accountability of Lawyers
towards Court, Clients and Society
- Accountability to Court:
o Maintain dignity and respect of the court.
o Assist the court in the administration of justice.
o Provide the right information to the court.
o Not to influence the court improperly.
- Accountability to Clients:
o Be loyal and protect the interests of the client.
o Give honest and proper legal advice.
o Prepare cases with care and skill.
o Not to misuse the client's trust.
o Keep proper accounts of the client's money.
- Not to disclose any matter communicated by the client without
their consent.
- Accountability to Society:
o Promote the administration of justice.
o Protect the rights of the oppressed and poor.
o Actively participate in legal aid programs.
o Render services without discrimination.
17. The Rights and duties of lawyers
under Advocates Act,1961
Rights:
- Right to practice law in any court across India.
- Right to meet clients in prison and provide legal counsel.
- Right to inspect court records and access legal documents.
- Right to plead on behalf of a client and argue cases.
- Protection against arbitrary arrest in court premises.
Duties:
- Duty to represent clients to the best of their ability.
- Duty to adhere to legal and ethical standards.
- Duty to not mislead the court or suppress evidence.
- Duty to maintain professional decorum and discipline.
- Duty to help in the administration of justice and uphold the
rule of law.
18. Accountability of lawyers towards
Court
- Respect for Court: Advocates must show due respect to the court
and not undermine its authority.
- Assisting the Court: They should help the court in making the
right decision.
- No Private Communication: They should not communicate
privately with judges to influence them about a pending case.
- Proper Demeanor: They should appear in court in the prescribed
dress and be presentable.
- No Interference: They should not interrupt when the counsel
for the other side or the judge is speaking.
- Impartiality: They must present the correct position of law,
facts and evidence.
- Truthfulness: They should not hide facts or make false
statements to deceive the court.
19. Accountability of lawyers towards
client
- Acceptance of Cases: They are bound to accept cases in courts
or tribunals where they normally practice.
- No Withdrawal without Reason: Should not withdraw from a case
without sufficient reasons.
- Full Disclosure: They must fully disclose their connections and
interests that might affect the client’s case.
- Uphold Client's Interests: They must fearlessly uphold the
interest of the client by fair means.
- Confidentiality: They should not disclose any information given
to them by the client without consent.
- Act on Client's Instructions: They must act on the instructions
of their client, not of any other person.
- Proper Fees: They should not stipulate a fee depending on the
success of the case or agree to share the proceeds of the
litigation.
- Client Funds: They must keep regular accounts of clients'
money and not misuse it.
- No Lending Money: They should not lend money to the client for
the case, except in emergencies.
- No Conflict of Interest: An advocate cannot act for the opposite
party if they have advised or prepared the pleadings for the
other party in the same suit.
- Honesty: They should give advice to their client honestly and in
good faith.
- Attend Hearings: They should attend the court on every day
fixed for hearing of their client’s case.
- Return Fees: They should return the whole fees received from a
client, if they are unable to conduct the case.
20. Senior Advocate
- Designation: Senior advocates are designated by the High Court or
Supreme Court based on their knowledge, experience in law, and
standing at the bar.
- Consent: The designation requires the advocate's consent.
- Restrictions on Practice:
o Cannot file a vakalatnama or memo of appearance, or
pleading, or application in any court.
o Cannot appear in the Supreme Court without an advocate on
record.
o Cannot appear in the High Court without an advocate of the
state roll.
o Cannot accept instructions to draft pleadings or affidavits,
or do any drafting work.
o Cannot undertake conveyancing work.
o Cannot directly accept a case from a client or instructions
from the client.
o Can make concessions or give undertakings on instructions
from a junior Advocate.
- Communication of Designation: The registrar of the Supreme
Court or the High Court should communicate the designation to
all High Courts, the State Bar Council, and the Bar Council of
India.
21. Advocate on Record
- Qualification: Advocates on record are recognized by the
Supreme Court after clearing a test.
- Test Subjects: The test includes subjects like Supreme Court
Rules of practice and procedures, drafting and pleading,
accountancy for lawyers, and leading cases.
- Minimum Marks: To pass the test, a candidate should get a
minimum of 50% in each subject and a minimum of 60% in
aggregate.
- Registration: Successful advocates will have their names
entered in a separate register.
- Filing Cases: Only advocates on record are entitled to file cases
in the Supreme Court.
- Authorized to deposit and accept money: Advocates on record are
authorized to deposit and accept money on behalf of the parties in
cases connected to the Supreme Court.
- Financial Accountability: Advocates on record must submit their
annual income and expenditure account to the Supreme Court.
- Pleading and Conducting Cases: Only advocates on record can
plead, conduct, and prosecute proceedings in Supreme Court.
22. Role of Advocates in Judicial
System of India : Amicus Curiae
- Meaning: Amicus Curiae means "friend of the court".
- Purpose: An amicus curiae is someone who voluntarily or on an
invitation from the court gives their opinion on a question of law
where the court is uncertain.
- Neutrality: An amicus curiae is not retained by any party in the
dispute and is a stranger to the case.
- Expertise: The court may request an amicus curiae because of
their standing in the profession and their experience in a
particular field of law.
- Nature of Views: The views of an amicus curiae are only
information or suggestions to the court, not binding.
- Leave of Court: An amicus curiae can express their views only
with the leave of the court.
- No Remuneration: They are normally not entitled to any
remuneration for such work.
23. Professional Misconduct
- Definition: Professional misconduct is a breach of duty relating
to the legal profession and includes dereliction of duties
towards the court, clients, opponents, and colleagues.
- No Exhaustive Definition: There is no absolute definition, and
whether an act amounts to misconduct depends on the
circumstances of the case.
- Instances:
o Misguiding Clients: Willful misguidance to parties.
- Not Presenting in Court: Not appearing in court for the party.
- Engaging in Other Professions: Doing other professions along with
legal profession.
- Colluding with Opposing Party: Conspiring against the client or
meeting the opponent party.
- Interfering in Other Advocates’ Acts: Interfering in other
advocates' work.
- Transactions with Disputed Property: Dealing with disputed
property.
- Not Practicing Law with Proper Qualification: Practicing law
without the prescribed qualifications.
- False Allegations Against Judicial Officers: Making false
allegations against judicial officers.
- Groundless Complaints: Deliberately lodging groundless
criminal complaints.
- Insulting Witness: Making groundless and insulting charges
against witnesses.
- Refusing Cases without Justification: Refusing to accept a case
without justification.
- Drunken Behavior: Attending court proceedings in a drunken
state.
- Influencing Judicial Officers: Attempting to influence judicial
officers for favor.
- Other Business: Carrying on other trades or businesses.
- Committing Crimes: Committing crimes.
- Financing Litigation: Financing litigation.
- Blank Signatures: Obtaining clients’ signatures on blank papers.
- Sloganeering: Shouting slogans or holding demonstrations in front
of the court.
- Approaching Investigative Officers: Approaching investigative
officers for favor during the investigation of a case.
- Letter to Judge: Writing a letter to the presiding officer about a
pending case.
- Tampering with Witnesses: Tampering with witnesses.
- Bribery: Suggesting the client bribe the presiding officer.
- Multiple Applications: Moving an application before any court
or authority without disclosing that a similar application is
pending before any other authority.
- Accepting Cases against Clients: An exclusively retained
pleader accepting a case against the client from the opposite
party.
- Failure to Appear: Failure to appear in the proceedings without
any sufficient reason.
- Retaining Judgments: Retaining trial court judgments to get
engaged in appeal.
- Insufficient Court Fees: Presenting a plaint with insufficient
court fees when the client has provided the money.
- Alleging Partiality: Alleging partiality against the presiding
officer in open court.
- Tampering with Records: Tampering with records and
documents.
- Soliciting Cases: Writing letters to persons for soliciting cases.
- Misappropriating Client Money: Taking advantage of client
illiteracy, demanding money on false representations and
misappropriating the same.
- Misappropriating Decreed Amount: Misappropriation of a
decreed amount payable to the client.
- Giving Wrong Advice: Giving wrong advice to the client.
- Taking Bribe Money: Taking money from the client for the
purpose of giving a bribe.
- Suppression of Truth: Suppression of truth.
- Changing Sides: Changing sides in a case.
- Indecent Cross Examination: Indecent cross examination.
- Contempt of Court: Committing contempt of court.
- False Identification: False identifications of deponents.
- Gross Negligence: Gross negligence involving moral turpitude.
- Appearing Without Authority: Appearing without authority, such
as on a forged vakalatnama.
- Failure to Attend Trial: Failure to attend a trial.
- Attesting Forged Affidavits: Attesting forged affidavits.
- Abstaining from Appearing: Abstaining from appearing in court
on the grounds of a strike called by a bar association.
- Misleading the Court: Misleading the court resulting in an
erroneous order.
24. Punishment for Professional
Misconduct by lawyers
- State Bar Council: The disciplinary committee of the State Bar
Council, after finding misconduct, can:
o Reprimand the advocate.
o Suspend the advocate from practice for a specified period.
o Remove the advocate's name from the state roll of
advocates.
- Nature of Punishment: The punishment depends on the severity
of the misconduct. Removal from the advocates roll is usually
only awarded for very serious misconduct.
- Suspension: During suspension, an advocate cannot practice in any
court, tribunal, or before any authority or person.
- Bar Council of India: The Bar Council of India has similar
disciplinary powers to punish advocates for misconduct.
25. CONTEMPT
- Contempt against Subordinate court
- Definition: Disobeying orders or obstructing the administration of
justice in subordinate court amounts to contempt.
- Examples: Preventing the court Amin from executing a court
order, threatening an advocate not to appear in a case, or
preventing a commissioner from performing their duties can be
considered as contempt against a subordinate court.
- Reporting Misconduct: Making a complaint against a judge with
evidence to higher authorities is not contempt, but if the
complaint is published in any manner, it can be considered as
contempt.
- Contempt by Judicial Officers
- Liability: Judges, magistrates, and other persons acting
judicially are liable for contempt of their own court or any
other court.
- Purpose: This provision is to ensure the public's faith in the
judiciary.
- Explain the Contempt of Court: Meaning and
kinds of contempt
- Meaning: Contempt of court is any act that disrespects,
interferes with, or obstructs the authority, dignity, or
functioning of a court of law.
- Types of Contempt:
o Civil Contempt
o Criminal Contempt
- Civil Contempt
- Definition: Willful disobedience of any judgment, decree, order,
writ, or other process of a court, or a willful breach of an
undertaking given to a court.
- Examples: Violating an injunction, disregarding a court order, etc.
- Criminal Contempt
- Definition: The publication of any matter, whether written,
spoken, or visible, or doing any act that:
o Scandalizes or lowers the authority of any court.
o Prejudices or interferes, or tends to interfere, with any
judicial proceeding.
o Interferes with or obstructs the administration of justice.
- Types of Criminal Contempt:
o Contempt in the face of the court, i.e., directly interfering
with court proceedings.
o Contempt in relation to specific, imminent, or pending
proceedings that interferes with the administration of
justice.
o Contempt by scandalizing the judges.
- Examples
o Insulting a public servant sitting in a judicial proceeding.
- Hiding facts from the court or making false statements to
deceive it.
- Filing a false verification of facts in court.
- Publishing information that could interfere with the judicial
process.
- Punishment for Contempt
- Power of Courts: High Courts and the Supreme Court have the
power to punish for contempt of court.
- Imprisonment: Contempt can be punished with simple
imprisonment for a term that may extend to six months.
- Fine: Contempt can be punished with a fine that may extend to
₹2,000.
- Both Fine and Imprisonment: Both fine and imprisonment can be
imposed.
- Civil Prison: For civil contempt, a contemnor may be sent to civil
prison instead of ordinary imprisonment.
- Suspension of Practice: For contempt of court, the court can
suspend the advocate's practice for a fixed period.
- Company Contempt: If a company commits contempt, its
directors, secretary, and other managerial staff can be detained
in civil prison.
- Firm Contempt: If a firm commits contempt, the partners are
liable for punishment.
- Apology: The court may remit the punishment if it is satisfied
with the contemnor's apology.
- What are the Defences against Contempt
- Defences in Criminal Contempt
- Innocent Publication: A person is not guilty of contempt for
publishing material without knowing it is pending before a court.
The person charged must prove the publication was without
knowledge of any pending matter in court.
- Fair and Accurate Reports: Fair and accurate reports of judicial
proceedings are not considered contempt.
- Fair Criticism: Fair criticism of a case that has been heard and
finally decided is not contempt.
- Complaint against Presiding Officer: A statement made in good
faith about the presiding officer of a subordinate court to a
higher court is not contempt.
- Publication of Certain Information: Publishing certain
information relating to proceedings in chambers or in camera is
not contempt if the information published is not confidential or if
the publication is in the public interest.
o This exception is not applicable if the court is sitting in
chambers for public order or security.
o This exception is not applicable where the information
relates to a secret process, discovery or invention.
- Defences in Civil Contempt
- Lack of Willful Disobedience: To be found guilty of civil
contempt the disobedience must be willful. Therefore if the
disobedience was unintentional or due to an inability to comply it
may be a defense.
- Impossibility to comply: If the person against whom the court
order is made is not able to comply with it because of certain
reasons, that may be a valid defense.
- Other defenses: Other valid defenses may include lack of proper
notice, vagueness of the court order, and the order being against
the law.
26. Contempt by Lawyers, Judges,
State, and Corporate Bodies
- Lawyers can be held in contempt for making false statements,
disrupting court proceedings, or defaming the judiciary.
- Judges can face contempt charges for misconduct, bias, or
delivering decisions that violate judicial ethics.
- State officials can be charged if they willfully disobey court
orders or interfere with judicial independence.
- Corporate bodies can be held in contempt for failing to comply
with court judgments, engaging in fraudulent activities, or
disrespecting legal obligations.
27. 16. Provisions of Contempt of Court
under Contempt of Court Act, 1971
- The Contempt of Court Act, 1971, provides a legal framework to
penalize contemptuous acts.
- Section 2(a) defines civil and criminal contempt.
- Section 12 prescribes punishment, including a fine and
imprisonment up to six months.
- Section 13 allows truth as a defense in contempt proceedings if it
is in the public interest.
- Courts have discretionary powers to accept apologies and drop
contempt charges in specific circumstances.
-
- Constitutional Validity of Contempt
- Articles 129 and 215: The Constitution empowers the Supreme
Court (Article 129) and High Courts (Article 215) to punish for
contempt.
- Courts of Record: These Articles recognize the Supreme Court
and High Courts as courts of record with inherent jurisdiction to
punish for contempt.
- No New Jurisdiction: These Articles do not confer any new
jurisdiction
- Leading Cases on Contempt of Court
- Supreme Court Bar Association v. Union of India (1998)
- P.D. Gupta v. Ramamurthi (1998)
- D.C. Saxena v. Hon'ble Chief Justice of India (1996)
