The Advocates Act, 1961

The Advocates Act, 1961 governs the legal profession in India.

AdvocatesLegal ProfessionBar Council Of IndiaState Bar CouncilsQualifications For AdvocatesRules Of ConductDisciplinary ProceduresAdmission To The BarRights And Duties Of AdvocatesPractice Of Law

Summary

The Advocates Act, 1961 is a legislation that governs the legal profession in India. The Act provides for the establishment of the Bar Council of India, as well as the State Bar Councils, which are responsible for the regulation of the legal profession in their respective jurisdictions. The Act sets out the qualifications required for a person to become an advocate, the rules of conduct that advocates must follow, and the disciplinary procedures for advocates who violate these rules. The Act also regulates the process for admission to the Bar, the rights and duties of advocates, and the conditions under which advocates can practice law.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Definitions

CHAPTER II
BAR COUNCILS

Section 3 : State Bar Councils

Section 4 : Bar Council of India

Section 5 : Bar Council to be body corporate

Section 6 : Functions of State Bar Councils

Section 7 : Functions of Bar Council of India

Section 7A : Membership in international bodies

Section 8 : Term of office of members of State Bar Council

Section 8A : Constitution of special Committee in the absence of election

Section 9 : Disciplinary committees

Section 9A : Constitution of legal aid committees

Section 10 : Constitution of committees other than disciplinary committees

Section 10A : Transaction of business by Bar Councils and committees thereof

Section 10B : Disqualification of members of Bar Council

Section 11 : Staff of Bar Council

Section 12 : Accounts and audit

Section 13 : Vacancies in Bar Council and committees thereof not to invalidate action taken

Section 14 : Election to Bar Councils not to be questioned on certain grounds

Section 15 : Power to make rules

CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES

Section 16 : Senior and other advocates

Section 17 : State Bar Councils to maintain roll of advocates

Section 18 : Transfer of name from one State roll to another

Section 19 : State Bar Councils to send copies of rolls of advocates to the Bar Council of India

Section 20 : Special provision for enrolment of certain Supreme Court advocates

Section 21 : Disputes regarding seniority

Section 22 : Certificate of enrolment

Section 23 : Right of pre-audience

Section 24 : Persons who may be admitted as advocates on a State roll

Section 24A : Disqualification for enrolment

Section 25 : Authority to whom applications for enrolment may be made

Section 26 : Disposal of applications for admission as an advocate

Section 26A : Power to remove names from roll

Section 27 : Application once refused not to be entertained by another Bar Council except in certain circumstances

Section 28 : Power to make rules

CHAPTER IV
RIGHT TO PRACTISE

Section 29 : Advocates to be the only recognised class of persons entitled to practise law

Section 30 : Right of advocates to practise

Section 31 : [Repealed]

Section 32 : Power of court to permit appearances in particular cases

Section 33 : Advocates alone entitled to practise

Section 34 : Power of High Courts to make rules

CHAPTER V
CONDUCT OF ADVOCATES

Section 35 : Punishment of advocates for misconduct

Section 36 : Disciplinary powers of Bar Council of India

Section 36A : Changes in constitution of disciplinary committees

Section 36B : Disposal of disciplinary proceedings

Section 37 : Appeal to the Bar Council of India

Section 38 : Appeal to the Supreme Court

Section 39 : Application of sections 5 and 12 of Limitation Act, 1963

Section 40 : Stay of order

Section 41 : Alteration in roll of advocates

Section 42 : Powers of disciplinary committee

Section 42A : Powers of Bar Council of India and other committees

Section 43 : Cost of proceedings before a disciplinary committees

Section 44 : Review of orders by disciplinary committee

CHAPTER VI
MISCELLANEOUS

Section 45 : Penalty for persons illegally practising in courts and before other authorities

Section 46 : [Repealed]

Section 46A : Financial assistance to State Bar Council

Section 47 : Reciprocity

Section 48 : Indemnity against legal proceedings

Section 48A : Power of revision

Section 48AA : Review

Section 48B : Power to give directions

Section 49 : General power of the Bar Council of India to make rules

Section 49A : Power of Central Government to make rules

Section 50 : Repeal of certain enactments

Section 51 : Rule of construction

Section 52 : Saving

CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS

Section 53 : Elections to first State Bar Council

Section 54 : Term of office of members of first State Bar Councils

Section 55 : Rights of certain existing legal practitioners not affected

Section 56 : Dissolution of existing Bar Councils

Section 57 : Power to make rules pending the constitution of a Bar Council

Section 58 : Special provisions during the transitional period

Section 58A : Special provisions with respect to certain advocates

Section 58AA : Special provisions in relation to the Union territory of Pondicherry

Section 58AB : Special provisions with respect to certain persons enrolled by Mysore State Bar Council

Section 58AC : Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council

Section 58AD : Special provisions with respect to certain persons migrating to India

Section 58AE : Special provisions in relation to the Union territory of Goa, Daman and Diu

Section 58AF : Special provisions in relation to Jammu and Kashmir

Section 58AG : Special provisions in relation to articled clerks

Section 58B : Special provision relating to certain disciplinary proceedings

Section 59 : Removal of difficulties

Section 60 : Power of Central Government to make rules

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