‘Derogatory’ words can lead to suspension of lawyers

The new rule will not apply to a “healthy and bona-fide criticism made in good faith”, a gazette notification issued in this regard on Friday said.

The Centre has notified an amendment to the Bar Council of India Rules, making derogatory remarks by lawyers against any court or judge, in print, electronic or social media, grounds for suspension or disqualification from the rolls of the State Bar Council.

The amendment has been introduced in Section V of the Bar Council of India Rules, titled “Duties towards society and Bar”. (Representative image)

The new rule will not apply to a “healthy and bona-fide criticism made in good faith”, a gazette notification issued in this regard on Friday said.

The amendment states: “An advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day-to-day life and he/she shall not to any unlawful act, he/she 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… any such act/conduct shall amount to misconduct.”

The amendment has been introduced in Section V of the Bar Council of India Rules, titled “Duties towards society and Bar”.

“Violation of Section-V shall result in suspension or removal of membership of such member from the Bar Council. The Bar Council of India may declare such advocates (as mentioned above in Section-V) 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,” the notification said.

The amendment also restricts lawyers from issuing a statement to the media against any resolution or order of a State Bar Council or Bar Council of India, or using any derogatory language against the Bar Council or its office bearers, the gazette notification said.