BCI's new rules prohibit lawyers from making mischievous, defamatory comments against any Judge, Court, Bar Council in public
Jun 27, 2021
By Sushil Batra
New Delhi [India], June 27 : The Bar Council of India (BCI) has amended its rules making 'derogatory', 'defamatory' criticism of judges, courts or Bar Council by practising advocates in media ground for disqualification or suspension.
In a notification, BCI said that practising advocates "shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary or against State Bar Council or 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 Bar Council of India and any such act/conduct shall amount to misconduct and result in suspension or removal of membership of such member from the Bar Council."
"An advocate shall conduct himself/herself as a gentleman gentle lady in his/her day to day life and he/she shall not do any unlawful act," it added.
Notification further states that the decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in the public domain.
"No Advocate or any Member of any State Bar Council or the Bar Council of India shall undermine the dignity or authority of the State Bar Council or Bar Council of India. The Violation of this above-mentioned clause (i) to (iii) of this code of conduct may amount to other misconduct under Section 35 of Advocates Act, 1961, and /or violation of Section-V and/or V-A shall result in suspension or removal of membership of such member from the Bar Council. The Bar Council of India may declare such Advocates or any Member of Bar Council to be disqualified from contesting the elections of any Bar Association or Bar Council for any period, depending on the gravity of the misconduct," it stated.
According to the BCI, these Rules are introduced/added with a view to maintain and improve the standards of professional conduct and etiquette for advocates.
