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Section2
The Advocates Act, 1961

Definitions

In force From 16 Aug 1961 Act 25 of 1961 As on 14 Oct 2026

Act 25 of 1961 Ministry Law and Justice Enacted 19 May 1961 In force 16 Aug 1961 Cited by 19 provisions Instruments 1

Section 2 of the Advocates Act, 1961 deals with definitions. ] In this Act, unless the context otherwise requires,-- (a) "advocate" means an advocate entered in any roll under the provisions of this Act; The Act came into force on 16 Aug 1961.

1[(1)] In this Act, unless the context otherwise requires,--

(a) "advocate" means an advocate entered in any roll under the provisions of this Act;

(b) "appointed day", in relation to any provision of this Act, means the day on which that provision comes into force;

2* * * * * *

(d) "Bar Council" means a Bar Council constituted under this Act;

(e) "Bar Council of India" means the Bar Council constituted under section 4 for the territories to which this Act extends;

3* * * * * *

(g) "High Court", except in sub-section (1) 4[and sub-section (1A)] of section 34 and in sections 42 and 43, does not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,--

(i) in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the High Court for the State;

(ii) in the case of the Bar Council constituted for Delhi, 5[the High Court of Delhi];

(h) "law graduate" means a person who has obtained a bachelor's degree in law from any University established by law in India;

(i) "legal practitioner" means an advocate 6[or vakil] of any High Court, a pleader, mukhtar or revenue agent;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "roll" means a roll of advocates prepared and maintained under this Act;

(l) "State" does not include a Union territory;

(m) "State Bar Council" means a Bar Council constituted under section 3;

(n) "State roll" means a roll of advocates prepared and maintained by a State Bar Council under section 17.

4[(2) Any reference in this Act to a law which is not in force 7*** in the Union territory of Goa, Daman and Diu, shall, in relation to 8*** that territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be.]

Section 2, The Advocates Act, 1961 (Act 25 of 1961).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 3 State Bar Councils
  2. s. 4 Bar Council of India
  3. s. 17 State Bar Councils to maintain roll of advocates
  4. s. 34 Power of High Courts to make rules
  5. s. 42 Powers of disciplinary committee
  6. s. 43 Cost of proceedings before a disciplinary committees

Referred to by 19

  1. Andhra Pradesh Agricultural Indebtedness (Relief) Act s. 9 Powers of Tribunals and Appellate Tribunals
  2. Foreign Exchange Management Act s. 2 Definitions
  3. Jharkhand Highways Act s. 18 Declaration of acquisition
  4. Karnataka Debt Relief Act s. 7 Legal practitioners not to appear
  5. Karnataka Debt Relief Act s. 8 Legal practitioners not to appear
  6. Limited Liability Partnership Act s. 2 Definitions
  7. Maharashtra Highways Act s. 17 Hearing of objections
  8. Metro Railways (Construction of Works) Act s. 9 Hearing of objection
  9. Multi-State Co-operative Societies Act s. 43 Disqualifications for being a member of board
  10. National Highways Act s. 3C Hearing of objections
  11. Puducherry Land Reforms (Fixation of Ceiling on Land) Act s. 72
  12. Railways Act s. 20D Hearing of objections, etc

and 7 more

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat

    Supreme Court of India 06 Apr 2017 Binding (Supreme Court) Reportable

    Court's Decision & Legal Precedent

    Bar Council of India, when exercising original jurisdiction over disciplinary proceedings automatically transferred to it under Section 36B(1) of the Advocates Act, 1961 due to non-disposal by State Bar Council within one year, cannot remand such proceedings back to the State Bar Council. The Bar Council of India is obliged to conduct the inquiry and dispose of the case on merits as if it were a proceeding withdrawn for inquiry under Section 36(2), and the power to remand is available only when Bar Council of India exercises appellate jurisdiction under Section 37, not when exercising original jurisdiction under Section 36B(1). The statutory transfer by operation of law confers original jurisdiction on Bar Council of India, and the legislative intent is that the complaint shall be finally decided by Bar Council of India and not sent back to State Bar Council.

    On this section: Definition of Bar Council of India as the apex statutory body for territories covered by the Act

    Read the full order on eCourts India

  2. Union of India vs Kushala Shetty

    Supreme Court of India 21 Feb 2011 Binding (Supreme Court)

    Court's Decision & Legal Precedent

    The scheme of the National Highways Act, 1956 (Sections 3A to 3D) does not require that the order of the Competent Authority rejecting objections must be communicated to the property owners before the Central Government issues the declaration of acquisition under Section 3D(1). The mere fact that the order of rejection was communicated after the declaration was issued does not vitiate the acquisition proceedings. A notification under Section 3A is sufficiently detailed if it contains survey numbers, sub-survey numbers, nature, type and area of land, and makes available land plans and details for inspection. Property owners cannot challenge the notification as vague after the time period for filing objections has expired, especially when they did not raise such objection during the prescribed period. Allegations of mala fides in land acquisition proceedings require proof of high order of credibility and cannot be based on vague assertions without material evidence. Courts have very limited scope of judicial review in matters involving technical decisions of expert bodies like NHAI regarding highway alignment and design, and can interfere only if the action is ex-facie contrary to law or tainted by mala fides.

    On this section: Definition of legal practitioner for purposes of Section 3C(2) of National Highways Act

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 2

What have the courts held on Section 2 of the Advocates Act?

Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat (06 Apr 2017) is the leading judgment on this section among those set out below: Definition of Bar Council of India as the apex statutory body for territories covered by the Act. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2011 to 2017.

How do I find court cases under Section 2 of the Advocates Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Advocates Act 1961 2, section 2 Advocates Act 1961, section 2 of the Advocates Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat (06 Apr 2017).

What should I read with Section 2 of the Advocates Act, and has it changed?

Its own text turns on section 3 (State Bar Councils), section 4 (Bar Council of India), section 17 (State Bar Councils to maintain roll of advocates), section 34 (Power of High Courts to make rules), and on 2 further provisions, so none of them can safely be read on its own. 19 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently BAR COUNCIL OF INDIA RULES PART-I TO III (2009).

When did Section 2 of the Advocates Act come into force?

Section 2 of the Advocates Act, cited as Advocates Act 1961 2, came into force on 16 Aug 1961, having been enacted on 19 May 1961. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.