Section 24A of The Advocates Act, 1961

Under Section 24A of The Advocates Act, 1961 a person convicted of even a most heinous offence is eligible to be enrolled as an advocate after expiry of two years from expiry of his sentence. This aspect needs urgent attention of all concerned. Apart from the above, we do not find any reason to hold that the bar applicable at the entry level is wiped out after the enrollment. Having regard to the object of the provision, the said bar certainly operates post enrollment also… till a suitable amendment is made, Section 24A which debars a convicted person from being enrolled applies to an advocate on the rolls of the Bar Council for a period of two years, if convicted for contempt. In addition to the said disqualification, in view judgment of this Court in R.K. Anand, (2009) 8 SCC 106 unless a person purges himself of contempt or is permitted by the Court, conviction results in debarring an advocate from appearing in Court even in absence of suspension or termination of the license to practice.”

Hon’ble Justice Anil R. Dave, Mahipal Singh Rana v. State of Uttar Pradesh, [Criminal Appeal No. 62 of 2006].

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