Question

Which of the following is not a duty of an Advocate to Court:

• A. To not commit breach of section 126 of Evidence Act.
• B. To not to appear on behalf of any organisation 'of whose Executive Committee, he is a member.
• C. To not appear before a Court, Tribunal or Authority in which his near relation is a member.
• D. To conduct himself with dignity self-respect, presentation of a case before a Court and otherwise acting before a Court.

Hint:

Distinguish duties based on whom they primarily protect. Duties to the court ensure the integrity of the judicial process (dignity, impartiality). Duties to the client, like confidentiality under Section 126, protect the client's interests.

Answer 1

The Correct Option is A

An advocate has duties to the court, to the client, to the opponent, and to the profession. \[\begin{array}{rl} \bullet & \text{Options (D), (B), and (C) are duties towards the court, aimed at maintaining the dignity of the court and preventing conflicts of interest. These are outlined in the Bar Council of India Rules (e.g., Rule 1 on dignity, Rule 6 on not appearing before relatives).} \\ \bullet & \text{Option (A), not committing a breach of Section 126 of the Evidence Act, refers to protecting privileged professional communications. This is a fundamental duty an advocate owes to their **client**, not directly to the court. While a breach of this duty could lead to professional misconduct proceedings, its primary obligation is towards the client's confidentiality.} \\ \end{array}\]