38.6c New Delhi, India, Thursday, August 07, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Legal Insiders

BCI Amends Rules to Improve Standards of Professional Conduct and Etiquette for Advocates

By Nargis Bano      29 June, 2021 04:01 PM      0 Comments
Professional Conduct and Etiquette for Advocates

After its meeting on June 3, 2021, the Bar Council of India (BCI) amended its rules to make criticism' and attack' of Bar Council decisions by members misconduct and grounds for disqualification, suspension, or removal of a member from the Bar Council. 

According to the Amended Rules, which were published in the Gazette on Friday (25th June 2021), an Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day-to-day life and shall not commit any unlawful act.

The following are the amended provisions:

Amendment in Part-Vl, Chapter-ll of Bar Council of India Rules as per the Functions contains Ed under section 7(1) (b) (c) (d) and (l) and (m) read with the section 49(1) (a) and (ab) of Advocates Act, 1961."

The notification stated that the changes were made to address issues concerning misconduct by Advocate/s that were not specifically mentioned in the Preamble or any of the Sections of this Chapter.

Section-V - Duties towards Society nd Bar:

[Under section 49(1) (c) of the Advocates Act, 1961]

An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day-to-day life and shall not commit any unlawful act; he/she shall not make any statement in the Print, Electronic, or Social Media that is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court, Judge, or member of the Judiciary, or against the State Bar Council or the Bar Council of India, nor shall any Advocate engage in any willful violation, disregard, or defiance of any resolution or order of the State Bar Council or the Bar Council of India, and any such act/conduct shall constitute misconduct, and such Advocates shall be liable to be prosecuted under Section-35 or 36 of the Advocates' Act, 1961."

Following are the provisions of Section-V:

Section -VA: Code of Conduct and Disqualification for members of Bar Councils:

[Under Section 49(1) (a) and (ab) of the Advocates Act, 1961]

(I) No Member of any State Bar Council or of the Bar Council of India shall be permitted to publish anything or make any Statement or Press-Release in Print, Electronic, or Social Media in opposition to any Resolution or Order of the concerned State Bar Council or of the Bar Council of India, or to make/use any derogatory or abusive language/comment/s/word/s against the Bar Council or its office-bearers or members.

(II) Any decision of a State Bar Council or the Bar Council of India shall not be criticized or attacked in the public domain by any Member/s of the Bar Council.

(III) No Advocate or Member of a State Bar Council or the Bar Council of India shall challenge the dignity or authority of the State Bar Council or the Bar Council of India.

(IV) Violation of this code of conduct's clauses I to (iii) may amount to other misconduct under Section 35 of the Advocates Act, 1961, and/or violation of Section-V and/or V-A may result in suspension or removal of such member's membership from the Bar Council.Depending on the gravity of the misconduct, the Bar Council of India may declare such Advocates (as mentioned above in Section-V) or any Member of the Bar Council ineligible to run for election to any Bar Association or Bar Council for any period of time. The State Bar Council/s may refer any member's misconduct or violation of these Rules to the Bar Council of India.

Note: Provided, however, that a healthy and genuine criticism made in good faith shall not be considered "misconduct";

(v)  For declaring any Advocate or Member of Bar Council as disqualified from contesting the elections as aforesaid, Bar Council of India shall be required to hold an inquiry by a 3 Member Committee headed by a Former Chief Justice or a former Judge of any High Court.The Committee shall be appointed by the Bar Council of India and may include any member of the Bar Council of India, a member or officer of any State Bar Council, or any Advocate with at least 25 years of experience at the Bar.

(vi) Following any such referral of a case by the Bar Council of India, the committee shall issue notice to the concerned Advocate(s)/Member(s) and provide them with an opportunity to be heard. Following consideration of the Committee's report, the Bar Council of India will make a decision.

(vii) The proceedings for disqualification before the Bar Council of India and/or the Committee/s constituted by it shall be conducted in accordance with natural justice principles, and the order will be deemed to be issued under Section 49(1)(a) or 49(1)(ab).



Share this article:



Leave a feedback about this
TRENDING NEWS

sc-approves-tamil-nadus-with-you-stalin-scheme-slaps-rs-10-lakh-cost-on-aiadmk-mp
Trending Judiciary
SC approves Tamil Nadu's 'With You Stalin' scheme; slaps Rs 10 lakh cost on AIADMK MP

SC upholds Tamil Nadu’s ‘With You Stalin’ scheme, slams AIADMK MP with ₹10L fine for misuse of law to target DMK amid similar schemes nationwide.

06 August, 2025 03:12 PM
sc-asks-ec-to-file-response-to-plea-seeking-reasons-for-excluding-65-lakh-voters-in-bihars-sir
Trending Judiciary
SC asks EC to file response to plea seeking reasons for excluding 65 lakh voters in Bihar's SIR

SC seeks EC’s reply on plea alleging exclusion of 65 lakh voters in Bihar during electoral roll revision; hearing set for August 12.

06 August, 2025 03:16 PM

TOP STORIES

sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM
electronic-communication-not-valid-mode-of-service-of-notice-under-section-35-bnss-sc
Trending Judiciary
Electronic communication not valid mode of service of notice under Section 35 BNSS: SC [Read Order]

SC holds WhatsApp or email not valid for notice under Section 35 BNSS due to arrest risk; personal service required to safeguard liberty.

01 August, 2025 11:25 AM
sc-quashes-criminal-case-against-actor-mohan-babu-son
Trending CelebStreet
SC quashes criminal case against Actor Mohan Babu, son for dharna during 2019 General Elections [Read Judgment]

SC quashes case against Mohan Babu, son for 2019 dharna; says it was peaceful protest, no offence made out under electoral or criminal laws.

01 August, 2025 02:18 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email