INTRODUCTION
The courtroom is not just a place where legal disputes are resolved; it is a symbol of justice, discipline, and the rule of law. Every person who enters its premises—be it a judge, lawyer, clients, court staff or general public—is expected to uphold the decorum that the environment demands. Amid the arguments, evidence, and judgments, one subtle yet powerful element ensures the smooth functioning of this space: DECENCY.
Decency in the court hall goes beyond good manners. It reflects a deep respect for the judicial system and contributes to maintaining the dignity, fairness, and orderliness that justice requires. In this blog, we explore what courtroom decency means, why it is crucial, how it is practiced, and answer some common questions surrounding it. Whether you're a budding law student or a curious observer, understanding the importance of decency in court is essential for appreciating the values that keep the legal system just and respected.
KEY ASPECTS OF COURTROOM DECENCY
For Lawyers and Legal professionals
1.Adherence to dress code
Lawyers must strictly follow the dress code prescribed by the Bar Council of India that is black coat, white shirt, white bands, and black trousers or saree. The attire symbolizes discipline, neutrality, and respect for the court.
2.Professional conduct
Advocates are expected to maintain a calm, composed and respectful demeanor at all times, both toward the court and fellow counsel. They must avoid aggressive arguments or personal attacks.
3.Respectful Address
Lawyers should address the bench with appropriate titles such as “ Your Lordship” , “ Your Honour” or “My Lord/ My Lady”. Use of informal or casual language in strictly inappropriate.
4.Punctuality and preparedness
Appearing on time and being thoroughly prepared for a matter reflects a lawyer’s respect for the court’s time and seriousness of the proceedings.
5.No misleading the court
Lawyers must not knowingly make false statements or misrepresent facts since they are officers of court having a duty to assist in the delivery of justice.
6.Electronic conduct
Use of mobile phones, laptops or tablets in court is allowed only for professional purposes and with discretion. Ringing phones or distracted behavior is discouraged.
For general public and litigants
1.Modest and neat dressing
While there is no strict dress code for litigants, wearing clean, formal, and respectful clothing is expected. Avoid casual attire like shorts, sleeveless tops, or flashy clothing.
2.Silence and order
Individuals must remain quiet during proceedings and not talk, laugh, or comment. Any form of disruption can be seen as contempt of court.
3.Proper behavior
Gestures such as pointing fingers, showing anger, shouting, or attempting to approach the bench without permission are strictly prohibited.
4.Respect for court personnel
All instructions from judges, clerks and court officers must be followed respectfully. Arguing or ignoring directions can lead to disciplinary action.
5.No mobile usage
Phones must be turned off or kept silent. Photography, videography or using social media inside the courtroom is not allowed and may attract penalties.
6.Speaking only when permitted
Litigants and witnesses must wait until they are called upon to speak. Speaking out of turn or interrupting others is not acceptable.
LEGAL BACKING
Decency in the court hall is not just expected by tradition—it is supported by law. Several legal provisions ensure that courtroom conduct upholds the dignity of the judicial process.
1. Bar Council of India Rules (Part VI, Chapter II)
These rules, framed under the Advocates Act, set out the professional duties of advocates:
- Advocates must behave with dignity and self-respect in court.
- Use of improper influence or means to affect court decisions is strictly prohibited.
- Advocates must dress appropriately and avoid conduct that brings disrepute to the profession.
- Any misbehavior in court can lead to disciplinary action by the Bar Council.
2. The Advocates Act, 1961
While the Act itself doesn’t prescribe direct behavioral codes, it empowers enforcement of courtroom decency:
- Section 49 allows the Bar Council of India to frame rules on professional conduct.
- Section 35 enables disciplinary proceedings for misconduct, including inappropriate behavior in court.
- Good character and moral conduct are essential for enrollment and continued practice.
3. Contempt of Courts Act, 1971
This Act protects the dignity and authority of courts:
-Section 2(c) defines criminal contempt, which includes any act that scandalizes or lowers the authority of the court.
-Section 10 empowers High Courts to punish contempt in subordinate courts.
-Section 12 provides punishment for contempt, including fine or imprisonment.
FAQs
Q1. Who is expected to follow courtroom decorum?
Everyone present in the courtroom—including judges, advocates, litigants, witnesses, clerks, and even general public—is expected to observe proper decorum.
Q2. Can someone be penalized for inappropriate behavior in court?
Yes. Disrespectful behavior, contemptuous language, or violating courtroom protocols can lead to warnings, expulsion from the courtroom, or even contempt of court proceedings under the Contempt of Courts Act, 1971.
Q3. Are there any rules about how lawyers should behave in court?
The Bar Council of India establishes guidelines for the behavior of advocates. Advocates are required to show respect towards the court, adhere to the dress code, and refrain from any efforts to mislead or improperly sway the judge.
Q4. Is there a dress code for litigants or general public?
While there is no codified dress code for litigants, they are expected to wear simple, formal, and decent clothing. Wearing revealing, flashy, or casual clothes like shorts, flip-flops, or graphic t-shirts is discouraged.
Q5. Can I use my phone inside the courtroom?
Mobile phones should be switched off or kept silent. Use of phones to take pictures, record videos, or make calls is usually prohibited and may lead to confiscation or contempt charges.
Q6. What should I do if I don't understand the courtroom protocol?
If you are unsure about how to behave or what to do, it’s always best to observe quietly or ask a court staff member or lawyer. Showing respect and willingness to comply goes a long way.
CONCLUSION
Respect and decorum in the courtroom might not be prominently featured in headlines, but they are the subtle binding force that maintains the integrity of judicial proceedings. This unspoken principle supports the honor of justice. It transcends mere regulations—it's fundamentally about honoring the law, the court itself, and the democratic principles we uphold.
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