10th Sem Material

Professional ethics and professional accounting system………………………… 1
ADR…………………………………………………………………………………………………….. 19
Penology and victimology…………………………………………………………………….. 31
Professional ethics and professional accounting system
1. Explain briefly the development of legal profession in India.

Legal profession is a noble, Learned and attractive profession. It plays an important role in the
administration of justice.
For sound and effective system of the administration of justice there must exist -
1. Well organised system of courts.
2. Well developed system of law.
History of legal profession: -
Legal profession in ancient India: -
In the ancient Hindu judicial system, there was no institution of lawyers with the establishment of
kingship in the society. The king with the assistance of his councillors delived justice basing on the
principles of Dharma and custom.
In those days, the aggrieved presented plaint before the king's court. Then, the king's court summoned
the defendant to submit his reply. Later, the court investigated the matter on evidence and delivered
judgement on the advice of the religious heads.
Legal profession in mediaeval India: -

In mediaeval Muslim period, there was no institution of legal profession. The parties to the litigation
used to appoint professional legal experts known as vakils. Vakil represented before the courts. The
court was empowered to decide as to, who should be allowed to appear as vakil. The system was
continued in North India even under the rule of East India Company.
Legal profession in British India: -

The British period witnessed the development of legal profession in India. The history of legal profession
in India may be traced back to the reign of King James 1, who introduced judicial system in 1622 to
English man of East Indies.
The establishment of Supreme Court at Calcutta under the charter of 1774 was the first step forward in
the direction of organising a legal profession in India. The Regulating Act, 1773 empowered the Supreme
Court to frame rules of procedure for the administration of justice.
The Indian bar committee 1923 - the English barristers enjoyed certain privileges over the vakil. The
vakils expressed dissatisfaction for maintaining such distinction between the barristers and vakils.
The committee was assigned with the task of inquiring into various issues, to remove the discrimination
between barristers and vakils.
To implement some of the recommendations of this committee, the central legislature enacted an act
known as the Indian bar council act 1926.
The Indian bar council Act, 1926 - the main object of the act was to provide for the constitution and
incorporation of BAR council for certain courts to confer powers and impose duties on such bar councils
and also to consolidate and amend the law relating to the advocates of such courts.
Legal profession after independence: -

The all India bar committee 1951 - the bar council set up in 1926 could not satisfy the bar as it failed to
set up a unified Indian bar.
To implement the recommendations of the all India bar committee, 1951 the Indian parliament enacted
the Advocates Act, 1961.
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The advocates act 1961 - the main object of the act is to amend and consolidate the law relating to legal
practitioners. A provision was made under the act for the establishment of state bar council and an all
India bar.
Conclusion: -
The present day legal profession is manifestly politically superior to any other profession, considering
the number of incumbents dealing in the political power of both the Central and State Governments.
The moral integrity it commanded during the freedom movement lead by Mohandas Karamchand
Gandhi could not, however, be maintained properly. The legal framework is strong, but not well founded
as repeal of Advocates Act, 1961 is under consideration and as a substitute ‘The Legal Practitioners
(Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and
Promoting the Rule of Law) Act, 2010’ was introduced as a Bill in the Parliament, but is kept in cold
Storage due to strong opposition.
It may well be concluded that the future of legal profession shall be one with legal and moral
accountability both to the client and the people in general.
2. Examine the right to practice in the legal profession is a right or a privilege.

(Or)
Is right to practice law before the court is a constitutional guarantee?
 The Constitution of India guaranteed a fundamental right under article 19(1) (g) to practise any
profession , or to carry on any occupation , trade or business , to all the citizens residing with the
jurisdiction of the country.
 Under this article, every citizen has the right to choose an employment, or take up any trade or
occupation etc as per his volition and free will, but at the same time the State has the right to
impose certain limits , which it feels necessary for the interest of the public.
 This article does not guarantee a monopoly to any individual to carry on any occupation.
 Under Article 19(6), the State may -
a) Impose reasonable restrictions upon the freedom of trade, business, occupation or profession in
the interest of the general public
b) Prescribe the professional or technical qualifications necessary for carrying on any occupation,
trade or business.
 The State is authorized by law to prescribe any professional or technical qualifications which
it feels is essential for practising a particular profession or carrying on any occupation. For
example , it can prescribe that one who wishes to practise in medicine has to have pursued
and cleared the course for the same as well as passed the MBBS examination. Similarly one
who desires to be an advocate has to clear the L.L.B examination from any established
university.
 The expression ‘right to practice’, in context of the legal profession refers to the exclusive right of
persons enrolled as advocates to engage in practice of law before courts and tribunals.
 In Re. Lily Isabel Thomas (1964) the Supreme Court equated “right to practice” with “entitlement to
practice”. This right enjoys protection at two levels:
 General protection – Article 19(1)(g) of the Constitution of India protects the right of individuals
to practice professions of their choice. As members of the legal profession, advocates partake in
this right along with members of other trades, occupations and professions.
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 Specific Protection – Section 30 of the Advocates Act, 1961 confers on persons whose name is
enrolled in the registers of State Bar Councils the right to practice before any court or tribunal in
India including the Supreme Court.
 Under the Advocates Act 1961, only advocates enrolled in India are entitled to practice the
profession of law - which includes not only appearing before Courts and giving legal advice as an
attorney, but also drafting legal documents, advising clients on international standards and carrying
out customary practices and transactions.
Relevant sections from the Advocates Act 1961: -
Section 29 - Advocates to be the only recognized class of persons entitled to practice law-
Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day,
be only one class of persona entitled to practice the professions of law, namely, advocates.
Section 30, Right of Advocates to Practice -
Subject to the provisions of this Act, every advocate whose name is entered in the (State Roll) shall be
entitled as of right to practice throughout the territories to which this Act extends-
In all Courts including the Supreme Court;
Before any Tribunal or person legally authorized to take evidence: and
Before any other Authority or person before whom such advocate is by or under any law for the time
being in force entitled to practice
Section 33 - Advocates alone entitled to practice -
Except as otherwise provided in this Act or in any other law for the time being in force, no person shall,
on or after the appointed day, be entitled to practice in any Court or before any authority or person
unless he is enrolled as an advocate under this Act.
Section 45 - Penalty for persons illegally practicing in Courts and before the authorities -
Any person who practices in any Court or before any authority or person, in or before whom he is not
entitled to practice under the provisions of this Act, shall be punishable with imprisonment for a term
which may extend to six months.
A. K. Balaji v/s Government of India & Ors.

Supreme Court held that –
Foreign law firms or foreign lawyers cannot practice the profession of law in India either on the litigation
or non-litigation side, unless they fulfil the requirement of the Advocates Act, 1961 and the Bar Council
of India Rules.
However, there is no bar either in the Act or the Rules for the foreign law firms or foreign lawyers to visit
India for a temporary period on a fly in and fly out basis, for the purpose of giving legal advise to their
clients in India regarding foreign law or their own system of law and on diverse international legal issues.
3. Explain the regulation governing enrolment and practice of legal profession in India.
Enrolment in State Bar Council: -
The final step to be an advocate is to enroll in any of the State Bar Councils regulated by the Advocates
Act 1961. Every state has its unique process of registration. Once the registration is completed the
candidate has to clear the All India Bar Examination (AIBE). The exam is conducted by the Bar Council of
India, and the candidate gets the certificate of practice upon clearing the exam. The test is conducted to
assesses the basic analytical capabilities and knowledge of the law.
Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act): -
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A person shall be qualified to be enrolled as an advocate if he fulfills the following conditions:

(a) He is a citizen of India. Provided that a national of any other country can also practice only if Indians
are allowed to practice in that other country;
(b) He has attained the age of 21 years;
(c) He has completed his bachelors in law;
(d) He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899 and an
enrolment fee payable to the State Bar Council.
All India Bar Examination (AIBE): -

 The Bar Council of India conducts the All India Bar Examination.
 The examination is conducted twice a year and the time and place of the examination, are decided
by the Bar Council of India.
 The examination tests the knowledge of the advocates on substantial and procedural law areas
which is decided by the Bar Council of India.
 The unsuccessful candidates can appear the examination again without any limit of reappearances.
 Once an advocate passes the Bar examination, he/she receives a Certificate of Practice.
Restriction on Other Employments: -

Chapter II of the Bar Council of India Rules made under Section 49(1)(c) of the Act read with the proviso
thereto deals with standards of professional conduct and etiquette.
 Rule 47 - provides that an advocate shall not personally engage in any business; but he may be a
sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar
Council, the nature of the business is not inconsistent with the dignity of the profession.
 Rule 48 - makes it very clear that an advocate may be Director or Chairman of the Board of Directors
of a company with or without any ordinarily sitting fee, provided none of his duties are of an
executive character.
 Rule 49 - an advocate shall not be a full-time employee of any person, Government, firm,
corporation or concern and on taking up such employment, shall intimate such fact to the Bar
Council concerned and shall cease to practise as long as he is in such employment.
 Rule 50 - provides that an advocate who has inherited, or succeeded by survivorship to a family
business may continue it, but may not personally participate in the management thereof.
 Rule 51 - an advocate may review Parliamentary Bills for a remuneration, edit legal text books at a
salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine
question papers; and subject to the rules against advertising and full-time employment, engage in
broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal
 Rule 52 - states that nothing in these rules shall prevent an advocate from accepting after obtaining
the consent of the State Bar Council, part-time employment provided that in the opinion of the State
Bar Council, the nature of the employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession.
4. ‘Practice of law is a noble calling and not a business'. Elucidate the statement.
 Legal profession is universally accepted as a noble and honorable profession. In this modern age,
advocates are regarded as the custodians and vindicators of order, justice and liberty. Therefore, the
profession of the lawyer is a profession, and not a business.
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 An advocate should not make his profession, a trade or business.

 In business, the sole object is to make money, while in legal profession, the sole object is public
service and to discharge social obligation.
 In England wealthy people take up legal profession with an ideal of public service, than as a means of
earning livelihood.
 In other words, the primary purpose of legal profession is public service and gaining livelihood is
secondary or incidental. An advocate being an officer of the court must assist the court in
administration justice according to law.
 'An advocate should not employ touts (agents or brokers) for securing briefs.
Advertising: -
 Advertisement or publicity is a process by which attention of public is drawn.
 Advertisement directly or indirectly in legal profession is strictly prohibited. He should not meet a
representative of the press in connection with the matter, in which he is engaged.
 Advertising by advocate to improve his practice amounts to professional misconduct.
In re A, an advocate case
The Supreme Court held that writing letters stating his achievements and specialised knowledge for
getting brief amounts to misconduct.
Bar council of Maharashtra vs MV Dabholkar.

Justice Krishna Iyer held that the bar is not a private guild like that of merchants, it is a public institution
committed to public justice and Pro Bono publico service.
In the words of jurist Mr. M.C.Chagla -

 ‘The legal profession is a great calling and it is a learned and liberal profession, Remember, always,
that it is profession, it is not a trade or business. The distinction between the two is deep and
fundamental.
 In business your sole object is to make money. You owe no duty or obligation to anyone except to
yourself. You determine the means to achieve your aim and there are no standards to limit or restrict
your actions.
 In the profession, making of money is merely incidental. You have traditions to which you have to be
true. Like an artist there has to be passionate desire to attain perfection. Service to society and to
your fellow men has to be a dominant motive underlying your work.’
Legal Profession Trade/Business

Advertisement is prohibited in Legal Profession. Advertisement is proper and allowed in
Trade/Business.
Touts cannot be employed for securing briefs. Touts (agents or brokers) can be employed for
promoting Trade/ Business.
The relationship of advocate and client is that of The relationship of trade and consumer/customer
trust. is not that of trust.
There should not be an unhealthy competition in There is such competition, in trade or business.
legal profession.
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The main object is public service (service motive). The main object is to make money (profit motive).
5. Examine the necessity for maintaining ethical standards in legal profession.

Fundamental prerequisite of any profession is good ethics. Ethics denotes to human behaviour to make
decisions between what is correct and what is wrong. Professional ethics are those set code or moral
principles that govern a person's conduct in a professional workplace or work life. In the legal profession,
a lawyer must obey to professional codes for fair dealing with the client and uphold the self-possession.
The Indian government has established a statutory body known as The Bar council of India under the
Advocate Act,1961.
The word ethics means a science of morals, or it is the branch of philosophy which is only concerned
with human character and conduct.
Professional ethics: -
Professional ethics is that branch of moral science, which deals with the duties, which a member of
profession owes to the public, to the institution in which he works and to his clients.
Aim and object: -

The main object of the ethics of the legal profession is -
 To maintain the dignity of the legal profession;
 The friendly relation between the bench and bar in the promotion of highest standards of justice;
 To establish honorable and fair dealings of the counsel with his client, opponent and witnesses;
 To establish a spirit of brotherhood in the bar itself.
Need for the code of professional ethics: -

 Legal profession plays an important role in the administration of justice.
 In the absence of well organised profession of law, the courts would not be in a position to deliver
pure and impartial justice.
 It is not possible to spiritualise or regulate legal profession without the strict compliance to
professional ethics.
 An advocate being an officer of the court master stick on to moral values and must strive hard for
quality of justice. This can be achieved by codification of professional ethics.
 The expression codification literally means, a process by which uncertain and ununiform principles of
law transform into a written and systematically arranged code.
 Codification makes it clear and certain, as to the rules, to be followed and reconciles with the
divergent and conflicting views.
 Thus, the high character of the legal profession can be maintained only by means of an ethical code.
Sources of professional ethics: -

The rule of professional ethics and etiquette in India are based on the Shastra. these pious Shastra
enjoin that the success in life is not measured by a person but rendering pious, and honest life according
to Dharma. The lawyers are not over and above these norms.
6. Seven lamps of advocacy

Lawyers must know everything about something, and something about everything.
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Justice Abbot Parry qualifies the following qualities as Seven Lamps of Advocacy.
They are –
1. Honesty: - (Nijayithi)
Honesty is the most important quality that an advocate should possess. His thoughts, words and deeds
should have sincere co-relation to each other with genuineness. An advocate should be dependable and
reliable to everyone who seeks his advice and services. The uprightness, integrity and honesty of an
advocate will increase his reputation and respect in the society.
2. Courage: - (Dyryam)
It is the duty of an advocate to fearlessly uphold the interests of his client by all fair means without fear
of any unpleasant consequences to himself or any other person. It is the knowledge and skill of the
advocate that gives him the necessary courage and confidence to present the case fearlessly and to
uphold the interest of the client. The knowledge and the skill can be acquired and developed by mastery
of facts, mastery of laws, and mastery in drafting and presentation of convincing arguments.
3. Industry: - (Srama)
It means hard work. Hard works is absolutely necessary for an advocate. His knowledge of law should
be up to date. He will never be ignorant of the current law in force. He will get acquainted with the
latest law only by systematic study. If one ignores the law, the law will also ignore him. That is why it is
said that law is a jealous mistress.
4. Wit: - (Hasyam)
Judges and lawyers have to deal with a variety of serious and important matters affecting life and liberty
of the people. So constant clash between them is common. Anxiety for a favourable verdict on the part
of the lawyers; and perpetual worry for the pursuit of truth on the part of the judges generate strain and
tension. Occasional wit and humour, provoking a smile or laughter will help them to ease the tension,
and refresh themselves to sharpen their brain for the effective discharges of their duties.
5. Eloquence: - (Vagdhati)
Eloquence means the fluency, force and style of using the language. Strong vocabulary is one of the
powerful weapon, which an advocate should possess. Words are his keys of thought. Strong vocabulary
gives him assurance, build his self-confidence and increase his personality. Words must be employed
with eloquence. The art of persuasive and impressive speaking will give the desired result in his favour.
6. Judgment: - (Oka Abhiprayaniki ravadam)

It means the ability to come to a sensible conclusion and make wise decisions at the relevant time in the
proper way. It is on the basis of these conclusions he should employ the necessary facts and techniques
in the case in which he is engaged. This quality is necessary from the beginning of filling the case till its
final disposal. An advocate must always anticipate all the possible moves of the other side and must
develop the necessary presence of mind, alertness and tact to cope with any awkward situation of
difficulty that may arise in the case.
7. Fellowship: - (Samgatyam)
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In legal profession, one advocate fights with another advocate for justice before a learned judge. There
may be controversies and contradictions in their contention relating to the case, but that shall never
affect their fellowship. The advocates should refer the opposite party’s advocate as learned friend and
the judge should be referred as learned judge. In order to maintain the fellowship, the Bar Council of
India has laid down certain rules to be observed as the duty to colleagues.
7. Advocates duties towards public, clients, Court and other advocates.
(Each part may be asked as individual question)
Duties towards public: -
 An advocate shall endeavour to make the laws suitable to the well being of the people.
 An advocate shall guard the liberty and freedom of the people.
 An advocate should protect the fundamental and human rights and respect the constitution of the
nation.
 An advocate should strive for social legislations to accelerate the advent of socialistic pattern of
society in India by dedicating to public service.
 An advocate shall uphold the integrity and unity of the nation.
 An advocate shall educate the people to respect the law and respect for the courts and the Judges.
 An advocate shall help the local bodies such as Panchayats in villages to function on sound lines, so
that people may discharge their functions in an enlightened and responsible manner.
 An advocate shall provide legal education to the illiterate and working people by informing them of
their rights and legal provisions in simple language.
 An advocate shall compose family differences and settle petty disputes and controversies by
amicable settlement.
 All advocates shall educate the masses -on the right lines to come out of many social ills from which
people are suffering.
 An advocate shall work with social welfare communities to promote a social order in which justice,
political, economic and social, will be assured to one and all.
Duty towards client: -

 To accept a brief where the client is able to pay the fee and no conflict of interest or other
reasonable justification exists
 To not accept brief where there is a conflict of interest with the client unless a frank disclosure has
been made to the client about such conflict.
 To not appear in a matter where the advocate may be a witness
 To not withdraw from an engagement except with sufficient cause and reasonable notice and to
refund unearned fee upon such withdrawal.
 To fearlessly to uphold the interests of his client by all fair and honourable means without regard to
any unpleasant consequences to himself or any other. He is to defend a person accused of a crime
regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to
the law which requires that no man should be convicted without adequate evidence.
 To not foment litigation
 To ensure adequate representation of the client’s interests
 To tender the best legal advice according to his ability to the client
 To be diligent in handling the client’s matters.
 To ensure confidentiality of facts disclosed by the client.
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 To not take instructions from any person other than the client or his authorized agent.
 To note enter an arrangement of contingent fee.
 To not bid for or purchase any property which is being auctioned in execution of a decree in a suit or
appeal if he has been engaged in the matter.
 To not adjust fee payable to him by his client against his own personal liability to the client
 To not do anything whereby he abuses or takes advantage of the confidence reposed in him by his
client.
 To keep accurate accounts of the client’s money entrusted to him and to provide copies of such
accounts.
 To immediately intimate the client of any payment received on behalf of the client.
Duties towards the court: -

 To maintain a respectful attitude towards the courts and legal system, bearing in mind that the
dignity of the judicial office is essential for the survival of a free community.
 To conduct himself with dignity and self-respect and to not be servile.
 Whenever there is proper ground for serious complaint against a judicial officer, to submit such
grievance to proper authorities as this is the duty of an advocate towards improving the legal system
and keeping it efficient.
 To not influence the decision of a court by any illegal or improper means and to avoid private
communications with a judge relating to a pending case are forbidden.
 To conduct himself as not merely a mouthpiece of the client, but an officer of the Court. The
advocate should dissuade the client from using unfair means and should refuse to represent a client
who persists in use of such means.
 To appear before the court only in the prescribed uniform and to not wear a band and gown except
in court and other prescribed ceremonies.
 To not appear before a court or tribunal where a close relative is a member.
 To not represent an organization if the advocate is a member of the executive committee of the
organization.
 To not conduct a prosecution in such a manner as to knowingly secure the conviction of an innocent
person.
Duties towards the other advocates: -

 An advocate and his opponent are like brothers in the profession but representing the different
interests of different clients.
 An advocate must always try to convince the court by the law and precedents. He must be in a
position to defeat his opponent advocate by using law and precedents. For this purpose there must
always healthy competition between an advocate and his opponent.
 Advocates are the part and parcel of the administration of justice. They fight for justice. They
struggle for the welfare and good of their clients. It does not mean that the advocate and the
opponent advocate are enemies with each other.
 Every advocate has a right to cross examination, arguments, verification of documents etc. while
doing so he shall not be interrupted unnecessarily.
 An advocate should not have contacts and engagements with the opposite party especially on the
issue which is pending before the court.
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 An advocate should not be stubborn on the minor matters. For example, if the opponent advocate
has asked the adjournment of a case on genuine grounds. In such case, an advocate should not
prolong the matter and create nuisance before the court.
8. Power of BAR council to deal with professional misconduct, and disciplinary

proceedings.
(OR)
Professional misconduct on part of the advocate.
Professional misconduct may consist –
 in betraying the confidence of a client
 in attempting by means to practice fraud
 to deceive the Court or adverse party or his Counsel
State of Punjab v. Ram Singh

The Supreme Court held that the term ‘misconduct’ may involve –
 moral turpitude
 improper or wrongful behavior
 unlawful behavior
 willful in character
 a forbidden act
 transgression
 carelessness or negligence in performance of duty
 or the act complained of bears forbidden quality or character
 Chapter -V of the Advocates Act of 1961 deals with conduct of Advocates it describes provision
relating to punishment for professional and other misconducts.
 Section 35(1) of the Advocates Act, 1961 provides for referring any complaint to disciplinary
committee for disposal.
 Though the Act as well as Bar Council is silent in providing the exact definition of professional
misconduct, punishments are provided on acts of omission and commission by any member of the
profession.
 In Shambhu Ram Yadav v. Hanuman Das Khatry, the Supreme Court made it clear that writing a
letter to his client to send money to bribe the Judge is a serious misconduct. It also held that legal
profession is not a trade or business.
Misconduct of an Advocate may be explained with reference to the following –

1. Dereliction of Duty
Dereliction of Duty means handing over brief to another advocate and such transfer is considered as
unprofessional but if he does so with the consent of his client, it is not improper.
Case: V.C Ranga Durai v. D Gopalan
The Supreme Court in this case held that a lawyer entrusted with a brief must follow the norms of
professional ethics and must protect the interests of his clients.
2. Professional Negligence
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An advocate is expected to exercise reasonable skill and prudence and should not be negligent. In order
to constitute misconduct, the negligence must be accompanied by –
 suppression of truth or
 deliberate misrepresentation of facts
Case: Mohd. Ismail v. Balarathna
It was held that it amounts to misconduct if an advocate neglects to furnish requisite documents or
material papers despite of repeated adjournments.
Case: N.G Dastane v. Shrikant S. Shivde
The Supreme Court has made it clear that seeking repeated adjournments for postponing examination of
witnesses present in the Court amounts to misconduct and an advocate may be punished.
3. Misappropriation
When an advocate collects money from his clients for court purposes and misuses it is called as
misappropriation which amounts to professional misconduct.
Case: D.S Dalal v. State Bank of India
In this case there was a complaint against an advocate that he misappropriated the amount paid to him
towards the filing of suit and professional fees. The advocate pleaded that the suit papers were
misplaced by the High Court Registry. It was duly established that the suit papers were returned to the
advocate for removing objections but the advocate did not refile the suit for a long time. The Disciplinary
Committee found him guilty of misappropriation of money paid to him by his client and therefore,
punished him for professional misconduct.
Case: L.C Goyal v. Suresh Joshi
In this case the advocate misappropriated the money received as court-fee.
He was held guilty of professional misconduct.
4. Contempt of Court and Improper behavior before Magistrate
An advocate must respect the court and maintain the dignity. Making of false allegations against the
judicial officers amounts to gross misconduct.
5. Furnishing false information
Furnishing false information amounts to ‘professional misconduct’.
Case: Emperor v. K.C.B A Pleader
In this case certain tins of ghee were seized by Municipal authorities on being adulterated and kept
under the custody of a Marwari. The advocate falsely told the Marwari that the Sub-Divisional Office had
ordered that the tins to be handed over the owner.
The advocate was held guilty of misconduct.
6. Appearing for both the sides
An advocate is under a duty to do his best to protect the interest of his clients. He must not represent
conflicting interest.
7. Giving Improper Advice
Advocacy being a noble profession, an advocate must give his clients the benefit of his learning, talent
and judgment. An advocate must give his proper advice if he is unable to take up the brief he should
advice the client to consult another counsel but should not give improper advice.
Improper advice amounts to misconduct.
Conclusion
Legal Profession is an epochal in its nature. Bar Council of India plays a vital role in enacting pandect. It
must regularly monitor and accordingly bring about amendments in professional ethics with changing
the aura of the society.
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9. Powers and functions of Bar Council of India.

Power to make rules regarding: -
 The election of members of the bar council by secret ballot.
 The manner of election of chairman and vice chairman of the bar council.
 The manner in which and the authority by which doubts and disputes as to the validity of the
election of the bar council shall be finally decided.
 The filing of casual vacancies in the bar council.
 Powers and functions of chairman and vice chairman of the bar council -
 Summoning and holding of meetings of the bar council.
 Constitution of one or more funds by the bar council.
 Organisation of legal aid and advice to the poor.
 Constitution and function of any committee of the bar council.
 The maintenance of books of accounts and other books by the bar council.
 The appointment of auditors and auditors of the account of the bar council.
 The management and investment of the funds of the bar council.
Functions: -
The following statutory functions under Section 7 cover the Bar Council’s regulatory and
representative mandate for the legal profession and legal education in India:
 To lay down standards of professional conduct and etiquette for advocates.
 To lay down procedure to be followed by its disciplinary committee and the disciplinary committees
of each State Bar Council.
 To safeguard the rights, privileges and interests of advocates.
 To promote and support law reform.
 To deal with and dispose of any matter which may be referred to it by a State Bar Council.
 To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar Councils.
 To recognise Universities whose degree in law shall be a qualification for enrolment as an advocate.
The Bar Council of India visits and inspects Universities, or directs the State Bar Councils to visit and
inspect Universities for this purpose.
 To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of
legal interest.
 To organise legal aid to the poor.
 To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India for the
purpose of admission as an advocate in India.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members who shall run the Bar Councils.
10. Explain the procedure to be followed by the state bar council in dealing with a
complaint against an advocate.
Lawyers these days are very corrupt and money minded because of which they are involved in duping
their clients and extorting money from them by charging hefty fees and delaying in proceedings and in
many other ways, like not being present on the date of the hearing of the case.
12
An individual can file a complaint against a lawyer in the following manner as the law varies from state
to state in an initial manner under the state bar council.
STEP 1
A complaint against a lawyer has to be in the form of a plaint which shall specify the complete details of
the lawyer (against whom the complaint is made) such as the name, address, phone number, enrollment
number of the advocate and any other detail that shall be required by the procedure of the state council
with a colour photograph of the person complaining.
STEP 2
In the Plaint, the petitioner is also required to mention his personal details such as the Name, phone
number, email-id of the person in case the authorities want to contact the person lodging the complaint.
STEP 3
The plaint is to be written either in regional language or English or any other regional language of the
state as directed by the Bar Council of India to the state authority. If the plaint is written in any regional
language then it should be submitted with the copy of its translation in English in the Bar Council of
India.
STEP 4
The authorities require the plaint to contain an affidavit on a non-judicial stamp paper of Rs 10/- which is
required to be attested by the Oath commissioner or the Notary, to support the complaint.
STEP 5
The individual is also required to pay 500 rupees or more, depending upon the State where the case is
filed as the complaint fee to the board with the plaint.
STEP 6
After the completion of all the above-mentioned procedures, the complaint will be considered in the
meeting of the Disciplinary Committee of the State Bar Association and a notice will be served to the
petitioner regarding the complaint and its further proceedings.
STEP 7
After that, the committee discusses amongst itself to understand, whether the complaint is required to
be investigated as there are many people who file such complaints about wrong reasons. The committee
then investigates into the matter and if it finds out that the lawyer is guilty of any such illegal or
wrongful act
STEP 8
These proceedings are understood as Judicial Proceedings because of which section 193 and 228 of the
Indian Penal code will be applicable to govern them. Similarly, the court where the proceedings will take
place is regarded as the civil court, for which the Criminal Procedure will be applicable such as
section 480, 482, and 485. On the fixed date the proceedings take place after which both the parties put
forth their arguments before a judge and after hearing both the sides the judges decide the case and will
give its judgment.
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11. Bar bench relations.

Bar: -
Advocates are enrolled by the State Bar Council as such, on getting L.L.B degree from a University and
getting a certain training under some advocate as prescribed by rules. The advocates are known as the
'Bar' as a whole body of advocates and an advocate represents the Bar. In short, Bar is a collective term
for the attorneys who are licensed to practice in the Courts, or a particular court, of any state.
Bench: -
Bench means all the judges taken together as distinguished from the ‘Bar’ the name for all the members
of the legal profession-bench is that part of the court considered in its official capacity, while the judges
are sitting. The earlier meaning of Bar contained the part of Bench also at the present term ‘Bar’ is
applied for the attorneys part of the court and the term is used for the judicial officers part of the Court.
Bar-Bench Relations: -
Administration of Justice is not something which concerns Bench only. It concerns the Bar also. Mutual
respect is necessary for the maintenance of the cordial relations between the Bar and Bench. Advocates
and Judges are complementary to each other. Bar is the Principal ground for recruiting Judges. So they
both belong to the same community. ar and Bench should maintain cordial relations with each other.
But on account of nature of duties to be discharged by advocates and judges, they may get into
dialogues sometimes, humorous, sometimes heated and sometimes harsh.
Scandalising of the court by an advocate is really polluting the very foundation of justice and such
conduct by an advocate brings disrepute to the whole administration of justice.
The attitude of an Advocate towards the Court should be one of the uniform respect, whatever the
status of the Court. Advocates Private opinion about the Presiding officer, he must not show in its
behavior because he has to uphold the dignity of the judiciary as an institution. At the same, it is equally
the duty of the judiciary not only to be polite towards the members of the Bar but to do everything
possible to advance ints high traditions.
The uncourteous conduct or misconduct of a lawyer or judge may amount to contempt of Court, there
are two Types of Contempt of Court. for example, using insulting language against a judge or
threatening him with transfer or impeachment or addressing the judge in a loose manner or questioning
his authority to ask questions or making scandalous allegations against a judge etc. It amounts to
contempt of Court. He is liable for his uncourteous act and punishable for such contempt of Court. The
punishment for contempt of Court is intended to protect the public confidence in the system of
Administration of Justice.
12. Nature and functioning of accounting. Basic branches of accountancy.

Accounting or accountancy is the measurement, processing, and communication of financial and non
financial information about economic entities such as businesses and corporations.
Accounting, which has been called the "language of business", measures the results of an organization's
economic activities and conveys this information to a variety of users including investors, creditors,
management, and regulators.
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Objective of Accounting: -
 To keep Systematic Records - a systematic record of financial transactions which helps the users to
understand the day to day transactions in a systematic manner so as to gain knowledge about overall
business.
 To Protect Business Properties - business properties from unjustified and unwarranted use. Information
about the above matters helps the proprietor in assuring that the funds of the business are not
necessarily kept idle or underutilized.
 Ascertain the Financial Position – The accounting also helps the businessman to know about his
financial position.
Nature: -
 It is the art of recording financial transactions. All financial transactions should be recorded in the
books of original entry as and when they take place, so that a complete record of financial
transactions is available.
 It is the art of classifying financial transactions. All entries in the account books should be classified
by posting them to the appropriate ledger accounts to find out at a glance the total effect of all such
transactions in a particular account.
 The transactions must-be recorded in monetary terms. If there are certain events, which cannot be
measured in terms of money, they will not be recorded in financial accounting.
 It is the art of summarizing financial transactions. After recording and classifying-financial
transactions next stage is to prepare the balance and final accounts during the period of the financial
year and the financial position of the transactions on a particular date.
Branches of Accounting: -
There are three branches of Accounting namely –
Financial Accounting;
Cost Accounting; and
Management Accounting.
1. Financial Accounting: -
Costing is a specialized branch of Accounting. It refers to financial/money matters and relates to actual
incomes, gains, expenditure, losses etc. The main purpose of the financial accounts is to ascertain profit
or the loss for a particular period/financial year, and to show the financial position.
Functions –
 It records entire information of the company.
 It classifies the data gathered by its own source or through others.
 It makes summaries.
 It deals with financial transactions.
2. Cost Accounting: -
It relates to estimated figures. Cost accounting is the classifying, recording and appropriate allocation of
expenditure for the determination of the costs of products or services, and for the presentation of
suitably managed data for purposes of control and guidance of management.
3. Management Accounting: -
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Management Accounting is of recent origin. The expression ‘Management Accounting’ was

coined/expounded' for the first time in 1950 by a team of Accountants, who visited U,S.A. under the
auspices of Anglo-American productivity.
Functions –
 Management Accounting serves management by providing information as to the cost or profit
associated with some portion of firm’s total operations.
 This is a system of collection and presentation of relevant economic information relating to an
enterprise for planning, controlling and decision making.
13. Use of accountancy in lawyers firm

Lawyers practice law for free and earn income. In their profession they meet with certain expenditure.
Thus, they have money transactions. Lawyers have to maintain accounts and for this they should have
the knowledge of accounting due to the following reasons –
 As a member of the Bar Council, he should know the Bar Council Accounting.
 He should know the accounting of Legal Services Authorities and the Supreme Court Legal Services
Committee.
 He should how the accounting of Advocates as per Supreme Court Rules.
 He should know the Welfare Fund Accounting. He should know how to prepare his own accounts.
 Lawyers have to maintain accounts due to the following obligations:
 An Advocate is bound to accept any brief-in the Courts or Tribunals or before any other authority
in or before which he preferred to practice at fee consistent with standing at the Bar and the
nature of the case.
 An advocate should keep accounts of the clients’ money entrusted to him and the accounts
should show the amounts received from the client or on his behalf, the expenses incurred by him
and debits made on account of fees with respective dates and all other necessary particulars.
(Some times, short answer questions are combined to ask along answer question)
A. elements of advocacy
1. ATTITUDE AND EMOTIONS: -
 Don’t yell. Drop your voice when you feel anger.
 If the other party seems to be acting in good faith, respond in-kind.
 Focus on how to get your partner(s) to do what you think they need to do.
 Never threaten anything you are not fully prepared to carry out successfully.
2. FLEXIBILITY: -
 Keep an open mind
 You can set a time limit on trying new ideas and then review for success.
3. DETERMINATION: -
 Flexibility in HOW a problem gets solved is not the same as WHETHER it gets solved.
 Not everything is worth going to war on.
4. CREATING A PAPER TRAIL: -
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 Even if you remember what people said, you need to be able to PROVE it.
 Maintain records, letters, correspondence, and notes written at the time events occurred that show
what transpired.
 Get organized. Create a workable filing system—one you can keep up.
 Best Practice: You may never need it, but paper provides evidence if needed.
5. KNOWLEDGE: -
If by "knowledge" you mean acquiring understanding, awareness, and practical skills, as a lawyer
through experience and education, the most important part of that is knowledge of human nature in its
infinite variety combined with the ability to communicate effectively.
B. Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some
jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to
another, to be described as a solicitor and enabled to practise there as such.
But in India, lawyers who are practicing are called as advocates. A person who assists attorney general is
called as solicitor general.
The Solicitor General of India is subordinate to the Attorney General for India. He/She is the second law
officer of the country, assists the Attorney General, and is himself/herself assisted by Additional
Solicitors General for India. Currently, the Solicitor General of India is Tushar Mehta. Like the Attorney
General for India, the Solicitor General and the Additional Solicitors General advise the Government and
appear on behalf of the Union of India in terms of the Law Officers (Terms and Conditions) Rules, 1972
C. Legal aid
 Article 39A of the Constitution of India provides that State shall secure that the operation of
the legal system promotes justice on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disability.
 Articles 14 and 22(1) also make it obligatory for the State to ensure equality before the law and
a legal system which promotes justice on a basis of equal opportunity to all.
 In order to fulfil the above Constitutional promises, the Legal Services Authorities Act 1987 was
enacted by the Parliament for providing free and competent legal services to the weaker sections of
the society.
 In order to implement the provisions of the Act, the National Legal Services Authority (NALSA) has
been constituted. The Chief Justice of India is the Patron-in-Chief and the Senior most Hon'ble Judge,
Supreme Court of India is the Executive Chairman of the Authority.
 Free legal services under LSA Act are available to a person belonging to Schedule Tribe and Schedule
Caste, woman, child, victim of human trafficking, differently abled person, industrial workman, and
person in custody in a protective home and the poor.
D. Disciplinary committee.
The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was created
by Parliament under the Advocates Act, 1961. It prescribes standards of professional conduct, etiquettes
and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants
17
recognition to Universities whose degree in law will serve as a qualification for students to enroll
themselves as advocates upon graduation.
The disciplinary committee of the Bar Council of India hears applications for revision by persons against
summary dismissal of their complaints against advocates for professional misconduct, by the State Bar
Councils. Appeals lie before the Bar Council of India against orders of the disciplinary committees of the
State Bar Councils.
Every such appeal is heard by the disciplinary committee of the Bar Council of India, which may pass an
order, including an order varying the punishment awarded by the disciplinary committee of the State Bar
Council. Each disciplinary committee consists of three members. The term of the members of this
committee is three years.
E. Balance sheet
 Balance Sheet is the financial statement of a company which includes assets, liabilities, equity
capital, total debt, etc. at a point in time. Balance sheet includes assets on one side, and liabilities on
the other. For the balance sheet to reflect the true picture, both heads (liabilities & assets) should
tally (Assets = Liabilities + Equity).
 Balance sheet is more like a snapshot of the financial position of a company at a specified time,
usually calculated after every quarter, six months or one year. Balance Sheet has two main heads –
assets and liabilities.
 Let’s understand each one of them. What are assets? Assets are those resources or things which the
company owns. They can be divided into current as well as non-current assets or long term assets.
 Liabilities on are debts or obligations of a company. It is the amount that the company owes to its
creditors. Liabilities can be divided into current liabilities and long term liabilities.
F. Standard costing.
Standard costing is the practice of estimating the expense of a production process. It's a branch of cost
accounting that's used by a manufacturer, for example, to plan their costs for the coming year on various
expenses such as direct material, direct labor or overhead. These manufacturers will also be able to
compare the standard cost to the actual costs. The difference between the standard cost and actual cost
is known as a variance. The presence of a variance indicates a deviation from what was recorded in the
profit plan. If actual costs are greater than standard costs, it's likely that management can anticipate a
lower profit than expected. If actual costs are less than standard costs, however, management might
anticipate a higher profit than they originally planned for.
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Arbitration, conciliation and alternative dispute resolution systems
1. What is alternative dispute resolution and explain its significance? What are its
advantages and disadvantages? How is it different from judicial settlement?
 The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a substitute
to the conventional methods of resolving disputes.
 ADR offers to resolve all type of matters including civil, commercial, industrial and family etc., where
people are not being able to start any type of negotiation and reach the settlement.
 Generally, ADR uses neutral third party who helps the parties to communicate, discuss the
differences and resolve the dispute. It is a method which enables individuals and group to maintain
co-operation, social order and provides opportunity to reduce hostility.
Significance of ADR in India: -

 To deal with the situation of pendency of cases in courts of India, ADR plays a significant role in India
by its diverse techniques.
 Alternative Dispute Resolution mechanism provides scientifically developed techniques to Indian
judiciary which helps in reducing the burden on the courts.
 ADR provides various modes of settlement including, arbitration, conciliation, mediation, negotiation
and lok Adalat.
 ADR is also founded on such fundamental rights, article 14 and 21 which deals with equality before
law and right to life and personal liberty respectively.
 ADR’s motive is to provide social-economic and political justice and maintain integrity in the society
enshrined in the preamble.
 ADR also strive to achieve equal justice and free legal aid provided under article 39-A relating to
Directive Principle of State Policy (DPSP).
Few important provisions related to ADR: -

 Section 89 of the Civil Procedure Code, 1908 provides that if it appears to court that there exist
elements of settlement outside the court then court formulate the terms of the possible settlement
and refer the same for: Arbitration, Conciliation, Mediation or Lok Adalat.
 The Acts which deal with Alternative Dispute Resolution are -
 Arbitration and Conciliation Act, 1996 and,
 The Legal Services Authority Act, 1987.
Advantages of Alternative Dispute Resolution: -

 Less time consuming: people resolve their dispute in short period as compared to courts.
 Cost effective method: it saves lot of money if one undergoes in litigation process.
 It is free from technicalities of courts; here informal ways are applied in resolving dispute.
 People are free to express themselves without any fear of court of law. They can reveal the true facts
without disclosing it to any court.
 Efficient way: there are always chances of restoring relationship back as parties discuss their issues
together on the same platform.
 It prevents further conflict and maintains good relationship between the parties.
 It preserves the best interest of the parties.
Disadvantages of ADR: -
 There is no guaranteed resolution - With the exception of arbitration, alternative dispute resolution
processes do not always lead to a resolution. That means it is possible that you could invest the time
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and money in trying to resolve the dispute out-of-court and still end up having to proceed with
litigation and trial before a judge or jury. However, you will certainly better understand the other
side’s position!
 Arbitration decisions are final - With very few exceptions, the decision of a neutral arbitrator cannot
be appealed, with fraud being an obvious exception. Additionally, some states will not enforce
decisions of arbitrators that are patently unfair, a high standard to meet. Decisions of a court, on the
other hand, usually can be appealed to an appellate court for a variety of legal grounds and for
numerous alleged procedural errors.
 Limits on Arbitration Awards - Arbitrators can only resolve disputes that involve money. They cannot
issue orders compelling one party to do something, or refrain from doing something (also known as
injunctions). For example, Arbitrators generally cannot change title of the real property. Of course
this is subject to the specific language of the arbitration clause.
 Discovery limitations - Some of the procedural safeguards designed to protect parties in court may
not be present in ADR, such as the liberal discovery rules used in U.S. courts, which make it relatively
easy to obtain evidence from the other party in a lawsuit.
 Fee for the Neutral - The neutral mediator or arbitrator charges a fee for his or her services.
Depending on the arbitrator or mediator selected, the fees can be substantial (of course the parties
typically agree to divide the fees between themselves). Depending on the contract language and
state law, a prevailing party can be awarded fees and costs. A judge on the other hand, charges no
fees for his services.
 May have no choice - Often the contract in dispute contains a broadly worded mandatory arbitration
clause. Many lease agreements and employment contracts, for example, contain mandatory
arbitration provisions, as do operating agreements and other types of business contracts. Unless
both parties waive arbitration, most states will compel arbitration at the request of any party.
 Non-binding arbitration - Sometimes the court may order nonbinding or Judicial Arbitration. This
means that if a party is not satisfied with the decision of the arbitrator, they can file a request for
trial with the court within a specified time period after the arbitration award. Depending on the
process ordered, if that party does not receive a more favorable result at trial, they may have to pay
a penalty or fees to the other side.
 Warning - The parties pursing ADR must be careful not to let a Statute of Limitation run while a
dispute is in any ADR process. Once the statute expires, judicial remedies may no longer be available.
Differences between alternative dispute resolution and litigation: -
Judicial process ADR

Judicial process is an adjudicatory process where Arbitrator decides the outcome.
a third party (judge/ Other authority) decides the
outcome.
Procedure and decision are governed, restricted, Procedure and decision are governed, restricted,
and controlled by the provisions of the relevant and controlled by the provisions Arbitration and
statutes. conciliation Act
The decision is binding on the parties. Sometimes not binding.
Adversarial in nature, as focus is on past events Personal appearance is required.
and determination of rights and liabilities of
parties. Personal appearance or active
participation of parties is not always required.
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A formal proceeding held in public and follows Informal proceedings are held sometimes.
strict procedural stages.
Decision is appealable. Most of the times decision is not appealable.
No opportunity for parties to communicate Parties communicate directly with each other.
directly with each other.
Involves payment of court fees. Payment of fee to arbitrator.
2. What are the alternative models of dispute resolution?

The following are the modes of ADR practiced in India:
1. Arbitration
2. Mediation
3. Conciliation
4. Negotiation
5. Lok Adalat.
1. Arbitration: -
 Arbitration is a quasi-judicial adjudicatory process where the arbitrator(s) appointed by the Court or
by the parties decide the dispute between the parties.
 Procedure and decision are governed, restricted and controlled by the provisions of the Arbitration &
Conciliation Act, 1996.
 The award in an arbitration is binding on the parties.
 Adversarial in nature as focus is on determination of rights and liabilities of parties.
 Personal appearance or active participation of parties is not always required.
 A formal proceeding held in private following strict procedural stages.
 Award is subject to challenge on specified grounds.
 No opportunity for parties to communicate directly with each other.
 Does not involve payment of court fees.
2. Mediation: -
 Mediation is a negotiation process and not an adjudicatory process. The mediator facilitates the
process.
 Parties participate directly in the resolution of their dispute and decide the terms of settlement.
Procedure and settlement are not controlled, governed or restricted by statutory provisions thereby
allowing freedom and flexibility.
 A binding settlement is reached only if parties arrive at a mutually acceptable agreement.
 Collaborative in nature as focus is on the present and the future and resolution of disputes is by
mutual agreement of parties irrespective of rights and liabilities.
 Personal appearance and active participation of the parties are required.
 A non-judicial and informal proceeding held in private with flexible procedural stages.
 Decree/Order in terms of the settlement is final and is not appealable.
 Optimal opportunity for parties to communicate directly with each other in the presence of the
mediator.
 In case of settlement, in a court annexed mediation the court fee already paid is refundable as per
the Rules.
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3. Conciliation: -
 Conciliation is a non-adjudicatory process.
 Voluntary process.
 Conciliator is a neutral third party.
 Service of lawyer is available.
 Conciliation is party centred negotiation.
 The function of the conciliator is more active than the facilitative function of the mediator.
 The consent of the parties is mandatory for referring a case to conciliation.
 In conciliation, the agreement is enforceable as it is a decree of the court as per Section 74 of the
Arbitration and Conciliation Act, 1996.
 Decree/order not appealable.
 The focus in conciliation is on the present and the future.
 Conciliation also is a structured process having different stages.
 In conciliation, parties are actively and directly involved.
 Confidentiality is the essence of conciliation.
4. Negotiation: -
 Negotiation - communication for the purpose of persuasion - is the pre-eminent mode of dispute
resolution. Compared to processes using mutual third parties, it has the advantage of allowing the
parties themselves to control the process and the solution.
 Essentials of Negotiation are:
 It is a communication process;
 It resolves conflicts;
 It is a voluntary exercise;
 It is a non-binding process;
 Parties retain control over outcome and procedure;
 There is a possibility of achieving wide ranging solutions, and of maximizing joint gains.
5. Lok Adalat: -
 Lok Adalat is non-adjudicatory if it is established under Section 19 of the Legal Services Authorities
Act, 1987.
 Lok Adalat is conciliatory and adjudicatory if it is established under Section 22B of the Legal Services
Authorities Act, 1987.
 Voluntary process
 Presiding officer is a neutral third party.
 Service of lawyer is available.
 The function of the Presiding Officer is persuasive.
 The consent of the parties is not mandatory for referring a case to Lok Adalat.
 The award of Lok Adalat is deemed to be a decree of the Civil Court and is executable as per
 Section 21 of the Legal Services Authorities Act, 1987.
 Award not appealable
3. What are the salient features of arbitration and conciliation Act, 1996?
 The Arbitration and Conciliation Act, 1996 improves upon the previous laws regarding arbitration in
India namely the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the
Foreign Awards (Recognition and Enforcement) Act, 1961.
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 The new statute also covers conciliation which had not been provided for earlier.
 The Act also derives authority from the UNCITRAL Model law on International Commercial
Arbitration and the UNCITRAL rules on conciliation.
 The Act of 1996 aims at consolidating the law relating to domestic arbitration, international
commercial arbitration, enforcement of foreign arbitral awards and rules regarding conciliation.
Salient features -
1. A Comprehensive Statute: - The title of the Act itself indicates that, the Act, in addition to arbitration
recognizes conciliation as a means for settlement of commercial disputes.
2. An Explanatory code: - The new Act of 1996 is an explanatory and a complete code and it specifically
defines international commercial arbitration.
3. Prescribed qualification for appointment: - The Act of 1996 prescribed certain qualifications for
appointment of an arbitrator. Therefore, only such persons, who are really competent and well
versed in the relevant field are appointed as arbitrators.
4. Abolition of Umpire System: - The significant feature of the Act of 1996 is the abolition of the
“Umpire System". Under the Act of 1940, if the dispute/matter is referred to a number of arbitrators,
an umpire is to be appointed. An umpire is a 3 rd person, empowered to decide the controversy
between the arbitrators. But, Section 10 of the Act of 1996 provides that the Parties are free to
determine the number of arbitrators provided that such number shall not be an even number. The
arbitrators so appointed shall appoint a third arbitrator called “the presiding Arbitrator”. If the
parties fail to appoint, the Chief Justice of the High Court shall have the power to appoint the
presiding Arbitrator. Such power is vested in the Chief Justice of India in case of a dispute involving
international commercial arbitration.
5. Curtailment of the Court's Power: - Under Section 5 of Act, “Notwithstanding anything contained in
any law for the time being in force, in matters governed by this part, no judicial authority shall
intervene except where So provided, in this part”.
6. Procedure for conduct of Arbitration and awards: - Chapter V containing sections 18 to 27 of the Act
of 1996 provide for the detailed procedure and practice for conduct of arbitration and awards.
7. Prescribed Powers of the Court: - The Act has prescribed the powers of the court by taking
assistance only in certain specific matters. The Court’s assistance can be sought in taking evidence
only with the prior approval of the arbitral tribunal or a party with the approval of the arbitral
tribunal may apply to the court for assistance in taking evidence.
8. Powers of the Arbitrators Enhanced
9. A new form of conciliation: -Part III of the Act, containing sections 6 1 to 81 provides for conciliation
as a means or settlement of commercial disputes.
10. International Applicability: - The Act of 1940 made no provisions for applicability of any interim
award made by the Foreign Arbitral Tribunal. But, the new act has made provision for a applicability
of foreign Arbitral Tribunal’s awards.
11. Provisions for interim Orders: - Another significant feature of the Act of 1996 is the provision for
interim measures. The Act empowers the arbitrator to pass interim orders in respect of the subject
matter of the dispute at the request of the party.
12. No provision for appeal: - there is no provision for appeal against an arbitral award. However, the
aggrieved may make recourse to law court for setting aside the arbitration award on specific grounds
as provided under Section 34 of the Act.
4. Define arbitrator and arbitration agreement. What is the procedure and grounds for
appointment and termination of arbitrator?
23
Arbitrator: -
 The term arbitrator has not been defined in the arbitration and conciliation act 1996.
 In Satyendra Kumar vs. Hind construction limited, it was held that where the parties to a dispute
refer the matter to a person and such person holds a judicial enquiry in deciding the dispute and
comes to a judicial decision, such person is called an arbitrator.
 According to section 2 (1)(d) Arbitration and conciliation act, "arbitral tribunal" means "a sole
arbitrator or a panel of arbitrators".
 Section 10 (1) - the parties to dispute are free to appoint arbitrators whereas such number shall not
be even number.
Arbitration agreement: -
 Section 2 (1) (b) of the arbitration and conciliation act defines arbitration agreement as an
agreement which has all ingredients as defined in section 7.
 Section 7 - arbitration agreement means an agreement by the parties to submit to arbitration all or
certain disputes, which have arisen between them in respect of a defined legal relationship, whether
contractual or not.
 Arbitration agreement may be in form of arbitration clause in a contract or in the form of a separate
agreement.
 Arbitration agreement must be in writing.
Appointment of arbitrator: -
 Section 11 of the arbitration and conciliation act provides for the appointment of
arbitrator/arbitrators.
 Arbitrator can be appointed either by the parties or by the court according to the arbitration
agreement.
Appointment by parties -
 The parties to the dispute may appoint a person as arbitrator by name in him in the arbitration
agreement.
 The parties may appoint a sole arbitrator or more than one arbitrator.
 If the parties do not name their own arbitrator, they mutually agree that arbitrator may be
appointed by third designated person.
Appointment by court -
 Sub-section 4 to 12 of section 11 of the arbitration and conciliation act conferred on court power to
appoint arbitrator.
 Generally the arbitrator is appointed by the parties and the name of the arbitrator is inserted in the
arbitration agreement.
 In case the parties fail to appoint arbitrator, one of the party may file an application to the civil court
requesting for appointment of an arbitrator.
Termination of arbitrator: -
 The court is empowered to remove an arbitrator against an application of any party to the dispute
on the grounds of misconduct of arbitrator.
 The arbitrator may resign voluntarily by giving notice to the parties to the dispute and can withdraw
from the arbitral proceedings.
 Section 12 - provides for the grounds on which the appointment of an arbitrator can be challenged
by the parties.
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 An arbitrator may be challenged only if— (a) circumstances exist that give rise to justifiable doubts as
to his independence or impartiality, or (b) he does not possess the qualifications agreed to by the
parties
 Section 13 - provides for the procedure to be followed by the parties in challenging the appointment
of an arbitrator.
5. Explain the circumstances under which a sole arbitrator can be appointed by court
and by a party.
 There can be reference to arbitration only if there is an arbitration agreement between the parties.
 The Act makes it clear that an arbitrator can be appointed under the Act at the instance of a party to
an arbitration agreement only in respect of disputes with another party to the arbitration
agreement.
 Number of Arbitrators - The Act provides that parties are free to determine the number of
arbitrators which however, should not be an even number.
 Section 11 of the Act lays down the procedure for appointment of arbitrator or arbitrators with court
intervention.
 Section 11(2) - provides that the parties are free to agree to any procedure for appointing the
arbitrator. In case of failure of the procedure in securing the appointment agreed between the
parties, the aggrieved party can invoke sub-sections (4), (5) or (6) of Section 11, as the case may be.
 Sub-section (4) of section 11 - deals with the existence of an appointment procedure and the failure
of a party to appoint the arbitrator within 30 days from the receipt of a request to do so from the
other party.
 Sub-section (5) - deals with the parties failing to agree in nominating a sole arbitrator within 30 days
of the request in that behalf made by one of the parties.
 Sub-section (6) - deals with the Chief Justice appointing an arbitrator.
Appointment of arbitrator: -
 Section 11 of the arbitration and conciliation act provides for the appointment of
arbitrator/arbitrators.
 Arbitrator can be appointed either by the parties or by the court according to the arbitration
agreement.
Appointment by parties -
 The parties to the dispute may appoint a person as arbitrator by name in him in the arbitration
agreement.
 The parties may appoint a sole arbitrator or more than one arbitrator.
 If the parties do not name their own arbitrator, they mutually agree that arbitrator may be
appointed by third designated person.
Appointment by court -
 Sub-section 4 to 12 of section 11 of the arbitration and conciliation act conferred on court power to
appoint arbitrator.
 Generally the arbitrator is appointed by the parties and the name of the arbitrator is inserted in the
arbitration agreement.
 In case the parties fail to appoint arbitrator, one of the party may file an application to the civil court
requesting for appointment of an arbitrator.
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6. In the light of New York and Geneva Convention, Explain the legal position for
enforcement of foreign awards under arbitration and conciliation Act.
 The primary framework as regards the enforcement of arbitral awards is the 1958 United Nations
Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New
York Convention. The Convention facilitates the enforcement of arbitral awards in all the contracting
states.
 Prior to the New York Convention, enforcement of arbitral awards of another country in the
jurisdiction of another State was provided for in the Geneva Protocol on Arbitration Clauses, 1924 as
well as the Geneva Convention on the Enforcement of Awards of 1927.
 India is a signatory to both the New York & Geneva Conventions, so provided for enforcement of
foreign arbitral awards within the local territory of India. Examples of these include the laws such as
the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and
Enforcement) Act, 1961 which were in tune with the Geneva and New York Convention.
 However, today, the law that is in force is the Arbitration and Conciliation Act of 1996, enacted both
on the UNCITRAL Model Law on Arbitration as well as to revamp and replace the 1937 and 1961 laws
on the same. Thus, today, it is the 1996 Act that provides for the enforcement of foreign arbitral
awards in India.
Enforcement of foreign awards under the Arbitration and Conciliation Act, 1996: -
 One of the declared objectives of the Arbitration and Conciliation Act, 1996 is that every final award
is to be enforced in the same manner as the decree of the Indian court would be.
 The Act has two parts- Part I and Part II.
 Part I, modelled on the UNCITRAL Model Law, provides for the enforcement of arbitral awards that
are not covered under the ambit of either the New York or the Geneva Conventions.
 Part II of the Act is in tune with the provisions of the New York Convention.
A. Enforcement under the New York Convention -
 Sections 44 to 52 of the Arbitration and Conciliation (Amendment) Act, 2015 deals with foreign
awards passed under the New York Convention.
 There are two pre-requisites for enforcement of foreign awards under the New York Convention.
 These are –
 The country must be a signatory to the New York Convention.
 The award shall be made in the territory of another contracting state which is a reciprocating
territory and notified as such by the Central Government.
 Section 47 - provides that the party applying for the enforcement of a foreign award shall, at the
time of the application, produce before the court –
 Original award or a duly authenticated copy thereof;
 Original arbitration agreement or a duly certified copy thereof; and
 Any evidence required to establish that the award is a foreign award.
 As per the new Act, the application for enforcement of a foreign award will now only lie to High
Court.
 Once an application for enforcement of a foreign award is made, the other party has the opportunity
to file an objection against enforcement on the grounds recognized under Section 48 of the Act.
 Section 49 - provides that where the Court is satisfied that the foreign award is enforceable under
this Chapter, the award shall be deemed to be a decree of that Court.
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B. Enforcement under the Geneva Convention -
 Sections 53-60 of the Arbitration and Conciliation (Amendment) Act, 2015 contains provisions
relating to foreign awards passed under the Geneva Convention.
 As per the Geneva Convention, "foreign award" means an arbitral award on differences relating to
matters considered as commercial under the law in force in India made after the 28th day of July,
1924 –
 The country must be a signatory to the Geneva Convention.
 The award shall be made in the territory of another contracting state which is a reciprocating
territory and notified as such by the Central Government.
 Section 56 - provides that the party applying for the enforcement of a foreign award shall, at the
time of the application, produce before the court
 Original award or a duly authenticated copy thereof;
 Evidence proving that the award has become final and
 Evidence to prove that the award has been made in pursuance of a submission to arbitration
which is valid under the law applicable thereto.
 The conditions for enforcement of foreign awards under the Geneva Convention are provided under
Section 57 of the Arbitration and Conciliation Act, 1996. These are as follows –
 The award has been made in pursuance of a submission to arbitration which is valid under the
law applicable thereto;
 The subject-matter of the award is capable of settlement by arbitration under the law of India;
 The award has been made by the arbitral tribunal provided for in the submission to arbitration or
constituted in the manner agreed upon by the parties and in conformity with the law governing
the arbitration procedure;
 The award has become final in the country in which it has been made;
 The enforcement of the award is not contrary to the public policy or the law of India.
 Section 58 - provides that where the Court is satisfied that the foreign award is enforceable under
this Chapter, the award shall be deemed to be a decree of the Court.
7. What do you understand by party participation? Explain briefly its control by the
judicial dispute resolution system.
Party participation in the mediation process is the crux of the mediation process. When parties agree to
a mediation process, they then have the power vested in them to arrive at a mutually acceptable
solution to the dispute. The mediator has power over the process, but not the outcome. The mediator
should be impartial and have no influence or control over the outcome. The mediation is an endeavour
by the parties to reach an agreement, usually to avoid, or in preference to a court based processes.
Neutrality of the process -

The success of mediation as a "win/win" alternative dispute resolution method is most often attributed
to its qualities as a consensual, voluntary and fair process. Therefore mediation is framed as a process
which is neutral and procedurally fair, designed to increase party participation and self-determination
through decision-making and to create a mutually acceptable outcome.
The expectation is for all parties to participate in the mediation process. However, because the
participation of the parties and the mediator is voluntary, the parties and or the mediator have the
freedom to leave the process at any time.
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Refusal to participate -
Procedural fairness could become an issue in an employment dispute where a worker refuses to
participate in a mediation process, especially if a dismissal was the end result. In the instance of
legitimate reasons for absence, such as ill health, a representative may be nominated to act in that
party's best interests. Parties are expected to act in a civil and courteous manner, to act in a positive way
and be prepared to be flexible in order to reach a mutually acceptable agreement.
Mediators are expected to facilitate constructive participation by the parties. Party participation is an
important indicator since mediation is a voluntary decision and cannot progress without all the parties’
agreement to participatory commitment
8. What is the mechanism of lok Adalat as an alternative mode of solving disputes?

 "Lok" stands for "People" and the term "Adalat" is the court. The ancient concept of settlement of
dispute through mediation, negotiation or through arbitral process known as "Peoples' Court
verdict" or decision of "Nyaya-Panchayat" is conceptualized and institutionalized in the philosophy of
Lok Adalat.
 Camps of Lok Adalats were started initially in Gujarat in March 1982 and now it has been extended
throughout the Country.
 The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to
the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions
for settlement of disputes through Lok Adalat.
Procedure at Lok Adalat -

 The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other
members, usually a lawyer and a social worker.
 One important condition is that both parties in dispute should agree for settlement through Lok
Adalat and abide by its decision.
 A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties, any
matter which may be pending before any court, as well as matters at pre-litigative stage i.e. disputes
which have not yet been formally instituted in any Court of Law. Such matters may be civil or
criminal in nature, but any matter relating to an offence not compoundable under any law cannot be
decided by the Lok Adalat even if the parties involved therein agree to settle the same.
Finality of Lok Adalat award -

 During the Lok Adalat, the parties agree to abide by the decision of the judge at the Lok Adalat.
However, it is often seen that later, the same order is challenged on several grounds.
 In one of the recent decisions, the Supreme Court of India has once again laid to rest all such doubts.
In unequivocal terms, the Court has held that award of the Lok Adalat is as good as the decree of a
Court. The award of the Lok Adalat is fictionally deemed to be decrees of Court and therefore the
courts have all the powers in relation thereto as it has in relation to a decree passed by itself.
Benefits of Lok Adalat -

 There is no court fee and even if the case is already filed in the regular court, the fee paid will be
refunded if the dispute is settled at the Lok Adalat.
 There is no strict application of the procedural laws and the Evidence Act while assessing the merits
of the claim by the Lok Adalat.
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 The parties to the disputes though represented by their advocate can interact with the Lok Adalat
judge directly and explain their stand in the dispute and the reasons therefore.
 Faster and inexpensive remedy with legal status.
 The scheme also helps the overburdened Court to alleviate the burden of arrears of cases and as the
award becomes final and binding on both the parties, no appeal is filed in the Appellate Court and, as
such, the burden of the Appellate Court in hierarchy is also reduced.
9. Discuss the role of family courts in promoting conciliation and securing a settlement
of disputes in India.
 The institution of marriage and the family continues to experience pressure of the changing socio-
economic forces in society. The spread of urbanization, the joint family system began to disintegrate,
giving place to a unitary system. With this the family life changed new pressures began to manifest in
relationship in the family. In the case of family disputes counselling play a major part to bring the
two parties together or to accept the decisions of the court, interim or final, offering justice to the
parties concerned.
 Social workers with their training can play a vital role in the process of counselling in family courts.
 The term conciliation means to bring about a rapprochement or settlement between parties. It is a
process in which a third party assists the parties to resolve their disputes by agreement.
 Under the Family Courts Act, counsellors are expected to carry out the conciliation process. The
counsellors, guided by the principles of objectivity, fairness and justice should assist the parties in an
independent and impartial manner to arrive at an amicable settlement, considering the rights and
obligation of the parties.
 The counsellors are supposed to make proposals for a settlement of disputes, based on the
preference made by the parties. They offer a range of choice for resolving the disputes. The
conciliator is supposed to act in an independent and impartial manner while facilitating an amicable
settlement between the parties, he/she is to observe objectivity, fairness and justice and has to give
due consideration to the right and the obligation of both parties. So conciliation is the best
mechanism to resolve family disputes.
 Conciliation and counselling are the special and unique features of the Family Courts Acts, 1984.
 The Family Court Act prescribes conciliation with the dominant purpose of ‘preserving the institution
of marriage’ and ‘promoting the welfare of children’. The statement of objects and reasons to the
Act reads: “The family courts can be set up for the settlement of family disputes where emphasis
should be laid on conciliation and achieving socially desirable results”.
 In the appointment of judges the Act specifies that “every endeavour shall be made to ensure that
persons committed to the need to perfect and preserve the institution of marriage and to promote
the welfare of children are selected.”
 Judges plays the dual role of conciliator and judges as contemplated in the Family Courts Act, when a
judge who is in position of power and following the guidelines of the Act, has been chosen as a
person committed to the cause of preserving the institution of marriage, there can be a strong
temptation to settle as many cases as possible. This could often result in compromising the interest
of the parties.
 The Family Court Act does not provide for institutionalised conciliations either in the public sector or
in the private sector. In Japan, conciliation connected to the court is known as public sector
conciliation. It includes a conciliation committee consist of a judge and two counsellors, one of
whom is a woman. A private sector conciliation is on the other hand is not connected with the court
and is purely voluntary and unconnected with the process of the court. In people’s Republic of China,
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conciliation units consisting of three or five neighbours visit the couples having marital problems and
try to put in an effort to settle them. These units are voluntary in character and have no judicial
power.
 Family courts in India do not contemplate institutionalised conciliation either connected with the
court or disassociated with the court.
 Section 23(2) Hindu Marriage Act, 1955 which contains similar provisions provided that before
proceedings to grant any relief under this Act, it shall be the duty of the court in the first instances, in
every case where it is possible to do consistency with the nature and circumstances of the case,
making every endeavour to bring about a reconciliation between the parties.
 Section 89 of the Civil Procedure Code (Amendment) Act, 1999 directs the courts to identify cases
where an amicable settlement possible, formulate the terms of such settlement and inform the
observations to the parties in disputes.
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Penology and victimology
1. Define crime. Nature of crime. General approaches to crime control. Determine the
factors for evaluating crime rate in India.
Definition: -
 Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injurious to
the public welfare.
 Blackstone defined crime as an act committed or omitted in violation of a public law either
forbidding or commanding it.
Nature of crime: -
A crime is any act or omission of an act that is prohibited and punishable by federal statute.
Four conditions must exist for an act or omission to be considered a crime:
 The act is considered wrong by society,
 The act causes harm to society in general or those in need of protection,
 The harm is serious, and
 The remedy must be handled by the criminal justice system.
Fundamental Elements Of Crime - There are four elements which go to constitute a crime,
These are:-
 Human being
 Mens rea or guilty intention
 Actus reus or illegal act or omission
 Injury to another human being.
Stages of a Crime Intention –
 Intention - first stage in the commission of an offence and known as mental stage. But the law does
not take notice of an intention, mere intention to commit an offence not followed by any act, cannot
constitute an offence.
 Preparation - Preparation is the second stage in the commission of a crime. It means to arrange the
necessary measures for the commission of the intended criminal act. Intention alone or the intention
followed by a preparation is not enough to constitute the crime.
 Attempt - Attempt is the direct movement towards the commission of a crime after the preparation
is made. A person will be guilty of attempting to commit an offence even though the facts are such
that the commission of the offence is impossible.
 Accomplishment Or Completion - The last stage in the commission of an offence is its
accomplishment or completion. If the accused succeeds in his attempt to commit the crime, he will
be guilty of the complete offence and if his attempt is unsuccessful he will be guilty of an attempt
only.
Approaches to crime control: -

 Stricter alcohol policies
 Hot-spot policing
 Focused deterrence policing
 Raise the age or grade for dropping out of school
 Behavioral intervention programs
Evaluating crime rate in India: -
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The National Crime Records Bureau, abbreviated to NCRB, is an Indian government agency responsible
for collecting and analysing crime data as defined by the Indian Penal Code (IPC) and Special and Local
Laws (SLL). NCRB is headquartered in New Delhi and is part of the Ministry of Home Affairs, government
of India.
The NCRB, at present, functions through
 CCTNS
 Central Finger Print Bureau
 Statistical Branch
 Training Branch
 Data Centre and Technical Branch
CCTNS -
Crime and Criminal Tracking Network & Systems (CCTNS) is approved by Cabinet Committee on
Economic Affairs (CCEA).
Objectives –
 Creating State and Central level databases on crime and criminals.
 Enable easy sharing of real-time information/ intelligence across police stations, districts and States.
 Improved investigation and crime prevention.
 Improved service delivery to the public/ stakeholders through Citizen Portals.
Central Finger Print Bureau -
The World’s First Finger Print Bureau was set up in Calcutta in 1897.
Objectives
 To maintain Finger Print record slips of the accused person convicted in various Acts.
 To conduct search relating to unidentified Interstate arrested/suspected persons received from
police stations and other investigating agencies in India.
 To maintain the fingerprints of international criminals and red corner notices sent by Interpol and to
conduct search on references received from foreign countries, through Interpol.
Statistical Branch -
 NCRB brings out three annual reports i.e. Crime in India, Accidental Deaths & Suicides in India and
Prison Statistics India. These reports are principal reference points for police officers, researchers,
media& policy makers.
 Besides, the Bureau is also collecting Crime Statistics and Anti-human Trafficking statistics on
monthly basis.
 The complete software package of ‘Monthly Crime Statistics’ has been released in the month of
December, 2016.
Training Branch -
Each year Training branch conducts on an average 20-25 training programmes for Indian Police Officers
of the duration of 1 week on the subjects like CCTNS, Advanced Fingerprint Science, Network & e-
Security etc.
2. Explain the powers and duties of police under the police act.
Police is the first body whom we approach in case any crime or wrong is done against us. Police is the
one who registers First Information Report and police officers are responsible for the maintenance of
public order and peace. There are many Acts like The Police Act, 1861, The Delhi Special Police
Administration Act, 1946, The Model Police Act, etc which make provisions for the administration and
functions of police force.
Duties and responsibilities of Police: -
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Section 57 of Model Police Act, 2006, lays down role, functions and duties of the police. Following are
the important provisions of the said Section.
Section 57 states as follows, “The role and functions of the police shall broadly be:
 to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and
dignity of the members of the public;
 to promote and preserve public order;
 to protect internal security, to prevent and control terrorist activities, breaches of communal
harmony, militant activities and other situations affecting Internal Security;
 to protect public properties including roads, railways, bridges, vital installations and establishments
etc. against acts of vandalism, violence or any kind of attack;
 to prevent crimes, and reduce the opportunities for the commission of crimes through their own
preventive action and measures;
 to accurately register all complaints brought to them by a complainant and take prompt follow-up
action thereon, after duly acknowledging the receipt of the complaint;
 to register and investigate all cognizable offences coming to their notice;
 to create and maintain a feeling of security in the community, and as far as possible prevent conflicts
and promote amity;
 to provide all possible help to people in situations arising out of natural or man-made disasters, and
to provide active assistance to other agencies in relief and rehabilitation measures;
 to facilitate orderly movement of people and vehicles, and to control and regulate traffic on roads
and highways;
 to collect intelligence relating to matters affecting public peace, and all kind of crimes;
 to take charge, as a police officer on duty, of all unclaimed property and take action for their safe
custody and disposal in accordance with the procedure prescribed.”
Powers of Police: -
The Code of Criminal Procedure, 1973 confers important powers on police officers. Power to investigate,
search and arrest are some of the powers.
 Registering FIR- Police has power to lodge FIR. Section 154 of the Code of Criminal Procedure, 1973
says that police has to record the information related to any cognizable offence.
 Power to investigate and procedure of investigation- Section 156 gives the power to police officer to
investigate any cognizable offence without the order of a Magistrate and the proceedings of the
police cannot be called in question on the ground that this section does not empower police officer
to investigate.
 Investigation in non- cognizable offences can be carried out by police after an order has been passed
by the Magistrate.
 Power to inquire and report on suicide;
 Power to require attendance of witnesses;
 Power of preventive arrest;
 Police is an important instrument who is responsible for maintaining peace and order in the country.
A country is able to live peacefully, without insecurities if the police performs its functions and duties
efficiently and effectively. Police Act 1861 and Model Police Act, 2006 specifies the administration, role,
duties and powers of Police Department. Further, The Code of Criminal Procedure, 1973 empowers
police officers to conduct investigation, make arrest including preventive arrest, requires attendance of
witnesses, etc.
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3. Explain the constitutional imperative relating to prison reforms and convicted
prisoners.
“It is not the prisoners that need reformation, it is the prisons” – Oscar Wilde.
Prisons serve as an arm of criminal justice system to punish the deviant behavior of a miscreant. In our
country “Prison” falls under State subject in List II of the Seventh Schedule to the Constitution of India.
The administration of Prisons falls under the ambit the State Governments and is administered by the
Prisons Act, 1894 and the Prison Manual of the respective State Governments. Thus, States have the
preliminary responsibility and authority to change the current prison laws, rules and regulations.
Importance of Prisons -
Justice V.R. Krishna Iyer has rightly observed: “In our world prisons are still laboratories of torture,
warehouses in which human commodities are sadistically kept and where spectrums of inmates range
from drift-wood juveniles to heroic dissenters”.
During the post-independence era various committees and acts have been constituted to tackle the
problems relating to prison administration in India. The following entails brief insight into all the
important committees and acts.
All India Jail Manual Committee -
The Government of India in the year 1957 accorded its assent to appoint All India jail manual committee
to prepare a model prison manual. The committee laid down its submission in the year 1960. The report
made forceful pleas for formulating a uniform policy and latest methods relating to jail administration,
probation, aftercare, juvenile and remand homes, certified and reformatory school, borstal schools and
protective homes, suppression of immoral traffic, etc.
Model Prison Manual -
The Model prison manual paved way for the Ministry of home affairs, Government of India in the year
1972, to appoint a working group on prisons.
Working Group on Prisons -
This Working Group brought out in its report the need for a National Policy on Prisons.
Its salient features are as under:
 To make effective use of alternatives to imprisonment as a measure of sentencing policy.
 Emphasized the desirability of proper training of prison personnel and improvement in their service
conditions.
 To classify and treat the offenders scientifically and laid down principles of follow-up and after-care
procedures.
 An amendment to the Constitution be brought to include the subject of prisons and allied
institutions in the Concurrent List, the enactment of suitable prison legislation by the Centre and the
States, and the revision of State Prison Manuals be undertaken.
Mulla Committee Recommendations –
 The condition of prisons should be improved by making adequate arrangements for food, clothing,
sanitation, ventilation etc.
 After-care, rehabilitation and probation should constitute an integral part of prison service. The
media and public men should be allowed to visit prisons and allied correctional institutions
periodically so that public may have first-hand information about conditions inside prisons.
The Supreme Court in Ramamurthy vs. State of Karnataka laid directions to bring about a unified
national consolidated framework on prison laws and to prepare a draft model prison manual,
subsequently a committee was set up in the Bureau of Police Research and Development (BPR&D).
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Prisoners Rights: -
Constitutional Provisions -
The rights of all human beings are safeguarded by our constitution. Ironically, the prisoners are treated
differently; not par with non- prisoners and their rights are denied and neglected.
Right to life and personal liberty -
The Supreme Court has widened its horizon while interpreting Article 21 of the Constitution by the
inclusion of right to life with human dignity. Mere animal existence is not the criteria.
Right to health and medical treatment -
It imposes an obligation on the state to preserve life. This right is a basic human right. But we still find
instances where the prisoners’ health is neglected, and no proper healthcare facilities are accorded.
Right to a speedy trial -
The Supreme Court has stated guidelines for affecting the right to a speedy trial but unfortunately, it has
ignored the time frame for the trial of these offences. The right to a speedy trial can be demanded by
the accused at any time during proceeding i.e. investigation, inquiry, and appeal and so on.
Right to free legal aid -
The only pre-condition for providing free legal aid is that the accused who is charged with an offence,
the conviction of that being imprisonment, and the social need requires that he been given free legal
aid. Regarding the right of free legal aid, Justice Krishna Iyer declared that “this is the State’s duty and
not Government’s charity”.
Right to reasonable wages for work -
It is not only the legal right of a workman to have wages for the work, but it is a social imperative and an
ethical compulsion.
Directive Principles of State Policy -
Article 39A of the Constitution of India deals with the obligation of the State to provide free Legal Aid to
such accused prisoners both in the prison and outside, as are unable to engage a lawyer.
Other Rights: -
Right to Bail
Right to basic amenities
Right against Arbitrary prison punishment
Right to leave and special leave
Conclusion: -
Prison is the important wing of administration of crime and criminology in the country. Ironically the
research in the development of it is still in infancy. There are many hurdles to cross for the prisons to be
a reformative institution than a custodial home of torture.
The progress is mainly hindered by factors such as resource allocation, deterrent functions of
punishment and rehabilitation approach. Prisons in the country shall endeavour to reform and re-
assimilate offenders in the social milieu by giving them appropriate correctional treatment. Though
there have been suggestions and recommendations by various committees, the major concern in India
stands to be that of actual enforcement.
4. Examine the expanding dimensions and typology of victims and compensation by

application of article 21 and 300A of constitution.
Victimology: -
Victimology is the study of victimization, including the psychological effects on victims, relationships
between victims and offenders, the interactions between victims and the criminal justice system—that
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is, the police and courts, and corrections officials—and the connections between victims and other social
groups and institutions, such as the media, businesses, and social movements
Typology of victims: -
 Theorists have developed victim typologies that are concerned primarily with the situational and
personal characteristics of victims and the relationship between victims and offenders.
 Benjamin Mendelsohn was one of the first criminologists to create a victim typology, in the 1950s.
 Below is a table of Mendelsohn’s typology of crime victims and as you can see he placed a lot of
emphasis on most victims attitude that leads to their victimization.
Innocent victim Someone who did not contribute to the victimization and is in the
wrong place at the wrong time. This is the victim we most often
envision when thinking about enhancing victim rights
The victim with minor guilt Does not actively participate in their victimization but contributes to
it in some minor degree, such as frequenting high-crime areas. This
would be a person that continues to go to a bar that is known for
nightly assault.
The guilty victim, guilty Victim and offender may have engaged in criminal activity together.
offender This would be two people attempting to steal a car, rob a store, sell
drugs, etc.
The guilty offender, guiltier The victim may have been the primary attacker, but the offender
victim won the fight.
Guilty victim The victim instigated a conflict but is killed in self-defense. An

example would be an abused woman killing her partner while he is
abusing her.
Imaginary victim Some people pretend to be victims and are not. This would be
someone falsifying report.
Compensation: -
The Supreme Court held that if it refuses to pass an order of compensation in favour of the petitioner, it
will be doing merely lip service to the fundamental right to liberty which the state has so grassley
violated. So, the SC granted compensations for the victims who have suffered damage due to the
violation of their fundamental right under article 21.
Khatri vs State of Bihar

First case considered the award of compensation for the violation of article 21 by the state.
Rudal Shah vs State of Bihar

35000 compensation was awarded to a person who was detained illegally for 14 years in jail even after
he was acquitted by the sessions court.
Bomaa charan Oraon vs State of Bihar
36
Court declared that anyone who is deprived of his personal liberty can come before the court and ask for
compensation.
Nilabati behera vs state of Orissa

Custodial death of a person.
Award of 150000 as compensation.
5. Examine the white collar crimes. Discuss in brief about various forms of professional
white collar crimes in India.
 White-collar crime (or corporate crime, more accurately) refers to financially motivated,
nonviolent crime committed by businesses and government professionals.

It was first defined by the sociologist Edwin Sutherland in 1939 as "a crime committed by a person of
respectability and high social status in the course of their occupation".
 Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider
trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money
laundering, identity theft, and forgery.
Various forms of professional white collar crimes: -

There are many types of white collar crimes, but the following are the most common:
Bank Fraud –
 Fraud is a crime committed with an intention to deceive and gain undue advantage.
 Bank Fraud is a fraud committed on the banks. It is committed by the fraudulent companies by
making fake representations.
 It is also related to the manipulation of the negotiable instruments like cheque bouncing, securities,
bank deposits etc.
 Bank fraud is concerned to the public at large because there is a relation of trust between the banks
and the public.
Bribery –
 Bribery is also a very common type of white collar crime.
 By bribery we give money or some goods to the person at a high position in return of a favor.
Cybercrime –
 Cybercrime is the biggest cause leading to these type of crime in India.
 It is the latest problem prevailing in the cyber world.
 Cybercrime is the crime which is related to a computer networks.
 With the rapid increase of advancement of technology there is also a rapid increase in the crime
related to the technology.
 Cybercrime involves the persons who are expert in computer related technology. And it is committed
against the victim directly or indirectly to cause a harm to his reputation or to harm in physical or
mental way using internet, networks and other technological sources.
Money Laundering –
 Money laundering is a crime in which the criminals disguise the identity of the money.
 In this crime, criminals try to hide the original ownership of the money and the place where they
obtained that money by illegal means.
 Laundering is done with the intention of making that money came from legal sources.
 In simple words money laundering means to show the illegitimate money as legal money.
 For instance, if a person obtain money from black marketing, trafficking of illegal goods the money
will be considered as dirty and he cannot deposit into the banks as it may seem suspicious if he
37
directly deposit money into the financial institutions because he had to create statements and
records stating that where the money came from.
Tax Evasion –
 Tax evasion is committed with an intention to conceal ones actual taxable income and ones original
position to the authorities.
 This concealment of income is done to reduce the tax liability in the eyes of government.
 In simple words it means to hide the money obtained from the illegal means in order to reduce ones
liability to pay tax and to show low income to the tax authorities.
Identity Theft –
 Identity theft is one of the easiest type of crime these days.
 Due to advancement of technology it is very easy to access personal information of anyone.
 Identity theft is the crime in which the criminal access unauthorized information such as name,
address, phone number etc. and use this information to gain money.
 In simple words identity theft is committed by using some other person identity to commit fraud or
to gain money by illegal means.
Conclusions: -
 White collar crimes are the crimes which cause harm to the economy of the country as a whole. It
threatens the country’s economy.
 It not only affects the financial status of a country or a person but also, it has also a negative impact
on the society. There is no proper definition of White collar crime in Indian laws.
 These socio-economic crimes should not be taken leniently by the government.
 Punishment regarding White collar crime should be stricter as harsh punishment can prevent these
crimes to a great extent.
 Government should impose strict regulations regarding economic thefts of the country.
6. Examine the role of psychiatrist, psychoanalysts, and social workers in prisons.

Role of psychiatrist, psychoanalysts: -
 India is the second largest populated country in the world with nearly 1.3 billion people. With only
nearly 5000 psychiatrists catering for this significant population, there is a significant mental health
gap in implementing effective treatment of mental disorders and promoting overall mental health of
the population.
 Moreover, the access to the mental health resources is much difficult to the vulnerable population
such as migrant laborers, pregnant women, and refugees where the need is much higher than the
general population. One such vulnerable population is the prisoners in the Indian prisons.
 According to the 2013 statistics, more than 400,000 individuals were lodged in Indian prisons.
Contrary to the general belief, the prisoners form a heterogeneous group and come from diverse
social and economically disadvantageous background. They are confined in prisons for long and
short durations apart from those who get life-imprisonment.
 With poor facilities in the prison, lack of basic amenities, limited space, overcrowding of inmates,
lack of healthy lifestyle, and absence or limited availability health-care services, the prisons can
predispose the prisoners to various physical and mental disorders.
 In this scenario, prisoners with mental health problems may find it difficult to approach and receive
mental health services, if any.
 The prevalence of various mental disorders present among prisoners. It is observed that
schizophrenia is the most common disorder followed by depression and adjustment disorder found
in prisoners.
38
 Various substance-use disorders such as cannabis, alcohol, and nicotine are also evidently
prevalent Suicide and self-harm behavior is another major concern in prisons.
 Men were suffering more from the psychiatric disorders than women and only 4% (men) had
moderate to-high risk of suicide whereas women were not found to be at risk.
 In another study, the researchers found that majority of the prisoners were referred to the mental
health facility by the prison officials (medical officer of prison/superintendent of prison) and not by
the court, highlighting the role of officials in the early identification of mental disorders in the
prisoners and in improving prisoners' mental health.
 Furthermore, nearly half of the males exhibited high suicidal risk during their hospital stay the need
for mental health services for the prisoners has been highlighted in various studies. This should
prompt the establishment of dedicated mental health clinics within prisons for early detection and
intervention.
 Majority of the studies highlighted the high prevalence of mental disorders in prisoners and the need
for proper mental health services in prisons.
 Medical officers and other prison personnel, when trained in basic mental health, might play an
important role in the early identification of mental health issues and referral for prompt treatment in
mental health facility.
 Interventions such as having mental health doctors visiting them frequently or on-campus mental
health professionals, fully operational mental health facilities, rehabilitation centers, swift flow in
referring critically ill patients to a nearby hospital, and regularizing awareness sessions for the
prisoners on the different health problems can lead to better mental health of the prisoners.
 Modification of the prison environment that nurtures a positive mental health among the prisoners
could help in the prevention and early recovery from mental health disorders.
Role of social workers: -

 Social workers provide assessment and intervention services for prisoners.
 They conduct individual counselling, provide treatment assessments for appropriate programs,
assess at-risk prisoners and facilitate group programs - all designed to enhance and support
rehabilitation.
 Social workers address the factors associated with offending behaviour and assist with daily life
especially within prison environments.
 In Criminal justice System, social workers may work in jails, prisons, community-based organizations
and primary health care agencies that serve ex-offenders, and in the courts.
 Social workers are committed to social justice on both the micro, or individual, and macro, or large-
scale, levels.
 Social workers consult with other health care and non-health care professionals regarding an
offender's criminal risk and health status.
 They are involved in a wide range of tasks, including, but not limited to –
 Comprehensive needs assessment
 Individual and group counselling/group therapy
 Program delivery
 Education and awareness
 Discharge care planning
 Community capacity building
7. Definition of penology. Explain the aims and objects of various kinds of punishment.
Elucidate the merits and demerits in imposing capital punishment.
39
Penology: -
 Penology is the study of punishment in its relation to crime.
 Penology, the division of criminology that concerns itself with the philosophy and practice of society
in its efforts to repress criminal activities.
Objective of penology: -
The principal aims of penology are to examine the ethical bases of punishment, and the motives and
purposes of society in inflicting it; to make a comparative study of penal laws and procedures through
history; to evaluate the social consequences of the policies in force at a given time.
Aim and object of various kinds of punishments: -

 Punishment is the infliction of an unpleasant or negative experience on an offender in response to an
offense.
 In ancient times, the sole purpose of punishment was retribution. However, in more modern
societies the objectives of punishment include deterrence, retribution, incapacitation, rehabilitation
and reparation.
Deterrence -
 Deterrence can be divided into general and specific deterrence.
 General deterrence is the use of punishment to discourage others who may be so-inclined from
committing any offense. Those who witness the punishment meted out to an offender will likely
think twice before attempting to commit such an offense.
 Specific deterrence is used to prevent that specific offender from committing any further offense.
Retribution –
 Retribution as an objective of punishment stems from the old belief of an “an eye for an eye.” This
objective of punishment aims to make offenders suffer for their crimes.
 The root of this objective is the belief that an offender must suffer for an offense, especially if it is a
serious or truly heinous one.
 Capital punishment is a retributive punishment. A person who intentionally takes the life of another
person is expected to pay for that offense with his own life.
Incarceration (Imprisonment) and Rehabilitation –

 Incarceration as an objective of punishment seeks to remove the offender from the society for the
good of the society.
 As such, a rapist is incarcerated to protect other members of the society from such a person and to
give the offender time to pay his debt to the society.
 Rehabilitation as an objective of punishment seeks to reform offenders by helping them conform to
the standard of society. Rehabilitative criminal justice tools are parole, probation and work release.
Reparation –
Reparation (Pariharapu) means that the offender must make restitution to the victim as part of the
punishment and as part of the condition for re-entry into society. For instance, anyone who embezzles
the money of another would be required to compensate the victims by returning all or part of the stolen
funds. This may include selling any property he has so as to raise the funds. Reparation may be
combined with incarceration or rehabilitation.
Merits and demerits in imposing capital punishment: -
40
Positives of capital punishment (death penalty) –
 No second chance of committing a crime.
 Fear of death.
 The punishments fit the crime.
 Justice is served to the victim’s family and they feel relieved.
 In-expensive
Negatives of Capital Punishment: -
 Less suffering
 Bad effect on society
 Innocent people may be put to death
 Lack of deterrence
 Violation of human rights
8. What do you mean by the concept of probation? It is necessary to follow certain

conditions to avail the advantage of probation. Explain.
(OR)
Discuss the salient features of probation of offenders Act.
When a person is convicted of an offence, as a special case by virtue of age or other reason is not sent to
prison but is kept under the supervision for the purpose of correcting him as a good citizen, he said to
have been kept on probation.
The officials who supervises is called probation officer.
Probation may be defined as "a method of dealing with specially selected offenders and consists of
conditional supervision of punishment while the offender is placed under personal supervision and is
given individualised treatment".
Advantages of Probation: -
A. Probation enables a convicted person to correct himself as a responsible citizen in the society.
B. The process of probation is less expensive when compared to institutional treatment (imprisonment).
C. The Probation Officer will be able to make use of all the Community facilities for rehabilitation.
Disadvantages: -
Despite above merits, the institution of probation is not free from certain demerits as follows:
A. The probation officers may be influenced (undue influence or political influence) to furnish good
report so that the person convicted is released.
B. It eliminates fear among child or young delinquents and accelerates crime-rate.
Salient features:-
Section 2 (b):- probation officer- an officer appointed to be a probation officer recognised as such under
section 13.
Section 3:- release after admonition –
When a person below 21 years is found guilty of an offence punishable with not more than 2 years and
no previous conviction is found against him, the court under section 3 of the act may release in after
admonition.
Section 4:- conditional release on probation –
It empowers the court to release on probation with or without surety a person guilty of any offence
other than the offence punishable with imprisonment for life. It says that the period of probation should
not exceed 3 years at first instance.
41
Section 6:- age limit of probation –
The age of the probationer must be below 21 years. However, the court has a discretionary power to
release on probation in exceptional cases if the punishment is not life imprisonment or death sentence.
Appointment and duties of probation officer: -

Section 13:- appointment of probation officer –
A probation officer under this act shall beA. A person appointed to be a probation officer by the state
government.
B. A person provided for this purpose by a society recognized in this behalf by the state government.
C. in any exceptional case any other person who, in the opinion of the court, is it to act as a probation
officer in the special circumstances of the case.
Section 14:- duties of probation officer-

 Supervise probationers and other persons placed under his supervision.
 Enquiry into the circumstances of any person accused of any offence, in accordance with any
direction of a court with a view to assist the court in determining the most suitable method of
dealing with him.
 Advise and assist offenders in the payment of compensation of costs ordered by the court.
 Perform such other duties as may be prescribed.
Section 15:- probation officers to be public servants –

Every probation officer and every other officer appointed in pursuance of this act shall be deemed to be
public servants within the meaning of section 21 of the Indian penal Code.
Section 16:- protection of action taken in good faith –
No suit or other legal proceedings shall lie against the State government or any probation officer
appointed under this act in respect of anything done in good faith while discharging the duties of such
probation officer.
9. Explain the law relating to Juvenile and it's emerging trends. Functioning of welfare
institutions for young offenders.
 The term Juvenile means child and delinquent means criminal.
 Juvenile delinquency means crime committed by a child or child criminal.
 Section 2 (e) of juvenile justice act, delinquent Juvenile means a juvenile who has been found to have
committed an offence.
 Section 2(k), Juvenile means a boy who has not attained the age of 18 years.
Causes of Juvenile delinquency:-

 Broken home/family.
 Poverty.
 Bad companionship
 Early physical maturity.
 Lack of proper education.
Legal Framework: -
Special legislations such as Juvenile justice (care and protection of children) Act 2000 and the probation
of offenders act passed for differential treatment of the juveniles.
Objects: -
42
 To lay down a uniform institutional and legal framework for Juvenile justice throughout the territory
of India.
 To lay down norms and standards for the administration of Juvenile justice in respect of care,
treatment and rehabilitations.
 To provide for specialised approach towards the prevention and treatment of Juvenile delinquency.
 To constitute special offences in relation to juveniles and provide for punishments therefor.
 To bring about the operation of Juvenile justice system in the country on the lines of the United
Nations standard minimum rules for the administration of Juvenile justice 1955.
Definitions (section 2):-

 2(c) - Board means a Juvenile justice board constituted under section 4.
 2(f) - Committee means a child welfare committee constituted under section 29.
 2(k) - Juvenile or child means a person who has not completed 18 years of age.
 2(l) - Juvenile in conflict with law means Juvenile, who is alleged to have committed offence.
 Child in need of care and protection means- a child
 Who is found without any home,
 Who resides with a person (a guardian or other) and such person threatens the child to kill,
 Who is mentally and physically challenged,
 Who has a parent or guardian and such Parent or guardian is unfit or incapacitated to exercise
control over the child.
 2(s) - Probation officer means an officer appointed by the state government as a probation officer
under the probation of offenders Act 1958.
Juveniles in conflict with law (sections for 4 to 28): -

 Section 4:- the state government is empowered to constitute a Juvenile justice board for a district or
a group of districts.
 Section 5:- procedure to be followed by the Juvenile justice board. Section 6:- powers of the Juvenile
 Justice board - the Juvenile justice board is empowered to deal with all the proceedings under this
act.
 Section 7:- procedure to be followed by a magistrate.
 Section 8:- observation homes - observation homes established by the state government or by a
voluntary organisation which is certified by the state government.
 Section 9:- special homes- established by the state government are by voluntary organisation and
certificate by the state government.
 Section 10:- apprehension of juvenile- when a juvenile in conflict with law is apprehended by police,
he shall be placed under the charge of the special Juvenile police unit.
 Section 12:- bail of juvenile. Section 21:- prohibition of publication of name of Juvenile involved in
any proceeding under the act.
 Section 23:- punishment for cruelty to Juvenile or child.
 Section 24:- employment of Juvenile a child for begging.
Child in need of care and protection (section 29 to 39): -

 Section 29:- child welfare committee - the committee shall function as a bench of magistrates and
shall have the powers conferred by the CrPC on a metropolitan magistrate.
 Section 31:- powers of committee - the committee shall have the final authority to dispose of cases
for the care, protection, treatment, development and rehabilitation of the children as well as to
provide for their basic needs and protection of human rights.
43
 Section 34:- empowers the state government to establish and maintain children's homes in every
district in a group of districts.
 Rehabilitation and social reintegration (sections 40 to 45):- the board shall be empowered to give
children in adoption and carry out investigations as are required in accordance with the guidelines
issued by the state government from time to time.
 Miscellaneous provisions (section 46 to 70).
10. Explain the implementation of open prisons in India.

 In 207, The Supreme Court directed the Centre to hold meetings with prison officials across the
states and the Union Territories in the first week of February to set up open prisons in the country.
 The issue came up when the court was hearing a PIL on the poor state of the prisons in the country.
 Prisons in India are governed by the Prisons Act, 1900 and each state follows their prison rules and
manuals. India has a maximum number of central jails, sub jails, which are controlled jails, and 63
open jails according to the amicus curiae in the case above.
What are open prisons?

 Open prisons have relatively less stringent rules as compared to the controlled jails.
 They go by many names like minimum-security prison, open air camps or prison without bars.
 The fundamental rule of an open prison is that the jail has minimum security and functions on the
self discipline of the inmates.
 Every state in India has a prison law, like the Rajasthan Prisoners Rules and Andhra Pradesh Prison
Rules, 1979. Seventeen states are reported to have functional open jails with Rajasthan having 29
such prisons, the highest that any state has.
 The Rajasthan Prisoners Open Air Camp Rules, 1972 define open prison as, “prisons without walls,
bars and locks.”
 Inmates in Rajasthan open prisons are free to go out of the prison after a first roll call and have to
return before the allotted second roll call.
 The jail does not confine them completely but requires them to earn their living to support their
families, living with them inside the jail.
 The United Nations Standard Minimum Rules for the Treatment of Prisoners, popularly known as
the Nelson Mandela Rules, laid down the objectives of open prisons stating, that such prisons
provide no physical security against escape but rely on the self-discipline of the inmates, provide the
conditions most favourable to the rehabilitation of carefully selected prisoners.
 The All-India Committee on Jail Reform constituted in 1980 recommended the government to set up
and develop open prisons in each state and UT similar to the Sanganer open camp.
 Sanganer open camp is the largest open prison in Rajasthan and houses nearly 400 prisoners. The
Committee also stated the number of open prisons and prisoners each state has.
Who are eligible for open prisons?

 Every state law defines the eligibility criteria of inmates who can be in an open prison.
 The principal rule is that an inmate eligible for open air prison has to be a convict.
 Good conduct in prison and at least five years spent in a controlled jail are the rules followed by the
Rajasthan open prisons.
 The Rajasthan open prisons do not take in undertrial prisoners.
 The Rajasthan Prison Rules also specify the ineligibility criteria for admission of inmates in open
prison.
44
 The All-India Committee on Jail Reform too recommended that life convicts who offer good
prognosis should be transferred to semi-open & open prisons.
Short answers: -
1. Prisoner’s rights.
Explained in long answer question 3.
2. National police commission

 The National Police Commission (NPC) was appointed by the Government of India in 1977 with wide
terms of reference covering the police organisation, its role, functions, accountability, relations with
the public, political interference in its work, misuse of powers, evaluation of its performance etc.
 This was the first Commission appointed at the national level after Independence.
 The Commission produced eight reports between 1979 and 1981, suggesting wide ranging reforms in
the existing police set-up.
 First Report: Complaints against the police:
 Second Report: Appointment of the Criminal Justice Commission: Role of Police: Political
Interference in Police Work: Statutory Tenure of Service: Selection of Chief of Police:
Transfer/Suspension Orders:
 Third Report: Police and the Weaker Sections: Guidelines for Avoidance of Vexatious Arrests:
 Fourth Report: Registration of FIR: Statement of Witnesses: Restoration of Stolen Property to Victims
of Crimes:
 Firth Report: Recruitment to the Police: Psychological Tests:
 Sixth Report: Examinations for Promotion of Officers: Reservation in the Force:
 Seventh Report: Norms for Police Stations: Establishment of a Central Police Committee.
 Eighth Report: Police Accountability: Enactment of a Model Police Act:
3. Criminality of women
Women are considerably less likely to commit crimes than men, but the gap is shrinking. According to
the World Female Imprisonment List, while the number of men in prison has increased worldwide by
about 20% over the last 20 years, that of women has increased by 53%. While women tend to commit
mostly property crimes, their involvement has increased across all types of crime.
There are many potential explanations for the increasing trend in female criminality that go from
economic to social and cultural factors. To better design policies that contrast the increase in female
crime, it is crucial to understand what drives women to become criminals. Policymakers who want to
fight female crime effectively should implement policies aimed at incentivizing education and
participation in the labor market. Family support policies that encourage marriage and childbearing
could also be effective in reducing female crime rates.
4. The jail manual

 A jail manual is a 'digest' of the rules and regulations governing prisons and prisoners. Nearly every
state has a jail manual of its own.
 Every jail is governed by it, every prisoner is bound by it.
 A jail manual is the Bible of every jail.
 Revision of jail manuals of the States and Union Territories undoubtedly should be given top priority
felt many of the respondents.
 It is the Model Prison Manual that is a blueprint for revision of manuals. The guidelines contained in
the Model Prison Manual imply a thorough re-organization of Prison administration keeping in view
45
the modem objectives of individualized correctional treatment and rehabilitation of offenders. Also it
contains the basic operations and norms for a progressive and modem system of prison
administration.
 Except in the States of Karnataka, Andhara Pradesh and Maharashtra, the jail manuals have
remained archival documents.
 In any effort at ensuring that law and justice continue to be valid even within prison confines, an
efficient prison system necessitates the education of every prisoner in the rules and regulation by
which he is governed. For that it is imperative that every prisoner should have easy access to the
respective jail manuals.
5. Parol
 Parole is defined as a temporary or permanent release of a prisoner before the competition of his
sentence on the promise of good behaviour.
 The grant of Parole in India is administered by the rules made under the Prison Act, 1894 and Prisoner
Act, 1900.
 Each state in India has its own parole rules with some minor alternations from each other.
There are two major types of parole –1. Custody and 2. Regular
1. Custody Parole - The custody parole is a temporary parole that is limited only to the emergency
circumstances like, death in a family, the marriage of a family member, serious illness etc. Custody parole
is of a limited time span of six hours, during which the prisoner is allowed to visit the desired place and
return back to the prison therefrom.
2. Regular Parole - Regular Parole is granted for a maximum period of one month, except in some cases,
to the convicts who have served at least one year of imprisonment. Regular Parole is allotted on certain
grounds like: The marriage of a family member of the convict, Accident or Death of a family member of
the convict, Serious Illness of a family member of the convict, Delivery of Child by the wife of the convict,
Severe damage to life or property of the family of convict due to natural calamities.
However, there are some convicts that or not eligible for being released on Parole those are:
 Prisoners who have been or are involved in criminal activities against the state.
 Prisoners who are threats to national security.
 Prisoners who are not citizens of India.
 Also, Prisoners who are convicted of multiple murders or for murder & rape of a child or children are
also exempted to Parole. However, in some cases, these convicts can still get parole at the discretion
of the granting authority.
6. Anomie
 The idea of anomie means the lack of normal ethical or social standards.
 This concept first emerged in 1893, when French sociologist Emile Durkheim published his book
entitled, The Division of Labor in Society.
 In this book, Durkheim indicated that the rules of how individuals interact with one another were
disintegrating and therefore people were unable to determine how to act with one another. As a
consequence, Durkheim believed that anomie was a state where the expectations of behavior are
unclear, and the system has broken down. This is known as normlessness.
 In criminology, the idea of anomie is that the person chooses criminal activity because the individual
believes that there is no reason not to. In other words, the person is alienated, feels worthless and
that their efforts to try and achieve anything else are fruitless.
7. Solitary confinement
46
 Solitary confinement is a form of imprisonment distinguished by living in single cells with little or no
meaningful contact to other inmates, strict measures to control contraband, and the use of
additional security measures and equipment.
 In India, maximum period of solitary confinement is 3 months and it shall not exceed 14 days at a
time. Relevant provisions of solitary confinement are sections 73 and 74 of Indian Penal Code, 1860.
Section 73. Solitary confinement –
Whenever any person is convicted of an offence for which under this Code the Court has power to
sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be
kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced,
not exceeding three months in the whole.
Section 74. Limit of solitary confinement –
In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days
at a time.
Unni Krishnan & Ors. v. State of Andhra Pradesh & Ors., 1993 SC
As per Supreme Court “Right against solitary confinement” is one of the rights that falls under Article 21
(Right to Life) of the Constitution.
Sunil Batra v. Delhi Administration, 1979 SC
Supreme Court held that solitary or single cell confinement prior to rejection of the mercy petition by
the President is unconstitutional.
8. Prision education
 Studies across the world have indicated that education during incarceration has lasting benefits for
entire societies.
 In 2003, the Model Prison Manual emphatically attested to the need for providing educational
facilities to prisoners, stating that, “Education is vital for the overall development of prisoners…it
leads to their rehabilitation and self-sufficiency…It is a tool by which the knowledge, character and
behaviour of the inmate can be moulded.
 It helps a prisoner to adjust to the social environment and his ultimate resettlement in society.”
 It is evident that prison education in India is an institutionalised insufficiency – it is hardly mandated
and regulated in policy, and finds even less importance in practice. Prisoners face systemic barriers in
reintegrating back to society, thus continuing the cycle of incarceration.
9. Police system
 Indian law is enforced by a number of agencies. Like many federal nations, the constitution of
India delegates the maintenance of law and order primarily to the states and territories.
 At the federal level, some of India's paramilitary forces are part of the Ministry of Home Affairs and
support the states. Larger cities have police forces under their respective state police. All senior
officers in the state police forces and federal agencies are members of the Indian Police Service (IPS).
10. Classification of prisoners

Prisoners are classified on the basis of age, physical and mental health, length of sentence, degree of
criminality and character. ... However, the following categories of prisoners can be mentioned here:
habitual and casuals, convicts, under-trials, detenues, women prisoners.
11. Third degree method

 The third degree is the use of interrogation methods that inflicts physical or mental pain on suspects
in order to get the suspect to make a confession.
47
 A suspect being beaten by police until the suspect eventually confesses to stop the pain is just one
small example of the third degree. As a result of the use of third degree interrogation methods to get
confessions many innocent people were sentenced to prison, and this left many criminals free to
commit more crimes.
 Convictions often came about from confessions retrieved by third degree interrogations, such as
those involving physical or psychological coercion.
12. Mutilation
 Maiming, or mutilation which involves the loss of, or incapacity to use, a bodily member, is and has
been practiced by many societies with various cultural and religious significance, and is also a
customary form of physical punishment, especially applied on the principle of an eye for an eye.
 In times when even judicial physical punishment was still commonly allowed to cause not only
intense pain and public humiliation during the administration but also to inflict permanent physical
damage, or even deliberately intended to mark the criminal for life by docking or branding, one of
the common anatomical target areas not normally under permanent cover of clothing As well as
corporal punishment.
 Some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as
amputation or mutilation.
 Iran's Islamic penal code says theft "on the first occasion" is punishable by the amputation of four
fingers of the right hand. Iranian authorities have defended amputation as the best way to deter
theft despite protests by international human rights organisations.
13. Flogging
 Flogging, whipping or lashing is the act of beating the human body with special implements such
as whips, lashes, rods Typically, flogging is imposed on an unwilling subject as a punishment;
 However, it can also be submitted to willingly, or performed on oneself, in religious
or sadomasochistic contexts.
 Flogging is a form of punishment used under Islamic Sharia law. It is the prescribed punishment
(hudud) for offences including fornication, alcohol use and slander and is also widely favoured as a
discretionary punishment (ta'zir) for many offences, such as violating gender interaction laws (zina).
 Punishment is normally carried out in public. However, some scholars maintain that this goes against
the teachings of Islam.
48

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Professional ethics and professional accounting system………………………… 1

1. Explain briefly the development of legal profession in India.

Legal profession in mediaeval India: -

Legal profession in British India: -

Legal profession after independence: -

2. Examine the right to practice in the legal profession is a right or a privilege.

A. K. Balaji v/s Government of India & Ors.

A person shall be qualified to be enrolled as an advocate if he fulfills the following conditions:

All India Bar Examination (AIBE): -

Restriction on Other Employments: -

 An advocate should not make his profession, a trade or business.

Bar council of Maharashtra vs MV Dabholkar.

In the words of jurist Mr. M.C.Chagla -

Legal Profession Trade/Business

5. Examine the necessity for maintaining ethical standards in legal profession.

Aim and object: -

Need for the code of professional ethics: -

Sources of professional ethics: -

6. Seven lamps of advocacy

6. Judgment: - (Oka Abhiprayaniki ravadam)

Duty towards client: -

Duties towards the court: -

Duties towards the other advocates: -

8. Power of BAR council to deal with professional misconduct, and disciplinary

State of Punjab v. Ram Singh

Misconduct of an Advocate may be explained with reference to the following –

9. Powers and functions of Bar Council of India.

11. Bar bench relations.

12. Nature and functioning of accounting. Basic branches of accountancy.

Management Accounting is of recent origin. The expression ‘Management Accounting’ was

13. Use of accountancy in lawyers firm

4. CREATING A PAPER TRAIL: -

Significance of ADR in India: -

Few important provisions related to ADR: -

Advantages of Alternative Dispute Resolution: -

Differences between alternative dispute resolution and litigation: -

Judicial process ADR

2. What are the alternative models of dispute resolution?

Neutrality of the process -

8. What is the mechanism of lok Adalat as an alternative mode of solving disputes?

Procedure at Lok Adalat -

Finality of Lok Adalat award -

Benefits of Lok Adalat -

Approaches to crime control: -

Evaluating crime rate in India: -

4. Examine the expanding dimensions and typology of victims and compensation by

Guilty victim The victim instigated a conflict but is killed in self-defense. An

Khatri vs State of Bihar

Rudal Shah vs State of Bihar

Bomaa charan Oraon vs State of Bihar

Nilabati behera vs state of Orissa

Various forms of professional white collar crimes: -

6. Examine the role of psychiatrist, psychoanalysts, and social workers in prisons.

Role of social workers: -

Aim and object of various kinds of punishments: -

Incarceration (Imprisonment) and Rehabilitation –

Merits and demerits in imposing capital punishment: -

8. What do you mean by the concept of probation? It is necessary to follow certain

Appointment and duties of probation officer: -

Section 14:- duties of probation officer-

Section 15:- probation officers to be public servants –

Causes of Juvenile delinquency:-

Definitions (section 2):-