Question

Advocate Mr. X was representing a client, Mr. Y, in a property dispute case. During the proceedings, Advocate Mr. X accepted a bribe from the opposing party to delay the case, causing significant harm to Mr. Y’s interests. Moreover, Mr. X failed to inform his client about critical hearing dates, leading to adverse judgments. On the basis of the above problem, select the correct option:

• A. It amounts to criminal conspiracy under the Bhartiya Nyaya Sanhita, 2023
• B. It amounts to the Contempt of Court under the Contempt of Courts Act, 1971
• C. It is a violation of Rules made by the Bar Council of India for professional ethics
• D. It is only an offence under the Prevention of Corruption Act, 2018

Hint:

Professional misconduct includes actions like dishonesty, conflict of interest, breach of client confidence, and acceptance of bribes — all punishable under the Advocates Act, 1961.

Answer 1

The Correct Option is C

Step 1: Understanding the professional conduct of advocates.
The Bar Council of India (BCI) has laid down detailed rules governing the professional conduct and etiquette of advocates under the Advocates Act, 1961. Advocates are expected to maintain integrity, fairness, and fidelity to their clients. Accepting bribes, misleading clients, or causing deliberate harm to a client's case are serious professional misconducts.
Step 2: Analysis of the act of Mr. X.
By accepting a bribe from the opposing party and failing to inform his client about important hearing dates, Mr. X has: - Breached the fiduciary duty owed to his client.
- Violated professional ethics laid down under Chapter II, Part VI of the Bar Council of India Rules.
- Committed an act that can lead to disciplinary proceedings by the State Bar Council under Section 35 of the Advocates Act, 1961.
Step 3: Analysis of options.
(A) Incorrect — While criminal conspiracy may apply in some contexts, the question focuses on professional ethics, not criminal law.
(B) Incorrect — Contempt of Court refers to actions that scandalize or obstruct justice, not unethical conduct toward clients.
(C) Correct — The described acts clearly violate the professional ethics rules framed by the BCI.
(D) Incorrect — While bribery may attract criminal liability, the question pertains to disciplinary misconduct as per BCI rules.
Step 4: Conclusion.
The correct answer is (C), as the advocate’s actions constitute professional misconduct under the BCI’s Rules of Conduct.