The Advocates Act, 1961
Central
An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.
- Act number
- 25 of 1961
- Ministry
- Ministry of Law and Justice
- Department
- Department of Legal Affairs
- Enacted
- 19 May 1961
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
85 sections
- Section 1Short title, extent and commencement.
- Section 2Definitions.
- Section 3State Bar Councils.
- Section 4Bar Council of India.
- Section 5Bar Council to be body corporate.
- Section 6Functions of State Bar Councils.
- Section 7Functions of Bar Council of India.
- Section 7AMembership in international bodies.
- Section 8Term of office of members of State Bar Council.
- Section 8AConstitution of special Committee in the absence of election.
- Section 9Disciplinary committees.
- Section 9AConstitution of legal aid committees.
- Section 10Constitution of committees other than disciplinary committees.
- Section 10ATransaction of business by Bar Councils and committees thereof.
- Section 10BDisqualification of members of Bar Council.
- Section 11Staff of Bar Council.
- Section 12Accounts and audit.
- Section 13Vacancies in Bar Council and committees thereof not to invalidate action taken.
- Section 14Election to Bar Councils not to be questioned on certain grounds.
- Section 15Power to make rules.
- Section 16Senior and other advocates.
- Section 17State Bar Councils to maintain roll of advocates.
- Section 18Transfer of name from one State roll to another.
- Section 19State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
- Section 20Special provision for enrolment of certain Supreme Court advocates.
- Section 21Disputes regarding seniority.
- Section 22Certificate of enrolment.
- Section 23Right of pre-audience.
- Section 24Persons who may be admitted as advocates on a State roll.
- Section 24ADisqualification for enrolment.
- Section 25Authority to whom applications for enrolment may be made.
- Section 26Disposal of applications for admission as an advocate.
- Section 26APower to remove names from roll.
- Section 27Application once refused not to be entertained by another Bar Council except in certain circumstances.
- Section 28Power to make rules.
- Section 29Advocates to be the only recognised class of persons entitled to practise law.
- Section 30Right of advocates to practise.
- Section 31[Repealed.].
- Section 32Power of court to permit appearances in particular cases.
- Section 33Advocates alone entitled to practise.
- Section 34Power of High Courts to make rules.
- Section 35Punishment of advocates for misconduct.
- Section 36Disciplinary powers of Bar Council of India.
- Section 36AChanges in constitution of disciplinary committees.
- Section 36BDisposal of disciplinary proceedings.
- Section 37Appeal to the Bar Council of India.
- Section 38Appeal to the Supreme Court.
- Section 39Application of sections 5 and 12 of Limitation Act, 1963.
- Section 40Stay of order.
- Section 41Alteration in roll of advocates.
- Section 42Powers of disciplinary committee.
- Section 42APowers of Bar Council of India and other committees.
- Section 43Cost of proceedings before a disciplinary committees.
- Section 44Review of orders by disciplinary committee.
- Section 45Penalty for persons illegally practising in courts and before other authorities.
- Section 45APower to frame and publish lists of touts.
- Section 46[Repealed.].
- Section 46AFinancial assistance to State Bar Council.
- Section 47Reciprocity.
- Section 48Indemnity against legal proceedings.
- Section 48APower of revision.
- Section 48AAReview.
- Section 48BPower to give directions.
- Section 49General power of the Bar Council of India to make rules.
- Section 49APower of Central Government to make rules.
- Section 50Repeal of certain enactments.
- Section 51Rule of construction.
- Section 52Saving.
- Section 53Elections to first State Bar Council.
- Section 54Term of office of members of first State Bar Councils.
- Section 55Rights of certain existing legal practitioners not affected.
- Section 56Dissolution of existing Bar Councils.
- Section 57Power to make rules pending the constitution of a Bar Council.
- Section 58Special provisions during the transitional period.
- Section 58ASpecial provisions with respect to certain advocates.
- Section 58AASpecial provisions in relation to the Union territory of Pondicherry.
- Section 58ABSpecial provisions with respect to certain persons enrolled by Mysore State Bar Council.
- Section 58ACSpecial provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
- Section 58ADSpecial provisions with respect to certain persons migrating to India.
- Section 58AESpecial provisions in relation to the Union territory of Goa, Daman and Diu.
- Section 58AFSpecial provisions in relation to Jammu and Kashmir.
- Section 58AGSpecial provisions in relation to articled clerks.
- Section 58BSpecial provision relating to certain disciplinary proceedings.
- Section 59Removal of difficulties.
- Section 60Power of Central Government to make rules.