- This topic has 25 replies, 16 voices, and was last updated 1 year, 3 months ago by
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UYes, you’ll have to either pay fine or imprisonment or both under the Contempt of Courts Act. And the disciplinary committee of the bar council may take action against you if you’re a lawyer and if at all they take up the case as well, resulting in suspension or debarring.
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UUnder Professional Ethics of Advocates, an advocate owes certain duties to the court, to the opposing counsel, to his client and to the society. One such duty any advocate owes to his opposing counsel is to argue with respect and reason. Making a “dark joke” about the opposing counsel is obviously disrespectful to the Court and to the opposing counsel breaching the basic ethics and advocate has to follow
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CI understand that it is part of the professional ethics code, but my question was specifically related to the contempt of court act. You can refer me to any provision within that act.
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Uhttps://indiankanoon.org/doc/269047/ Sec 12 of the Act gives out the punishment for contempt of court. The act doesn’t list out each contempt but gives a definition and it is up to the Court to decide which comes under contempt. So generally this discretion of the court depends on the intent behind the joke and its impact on the proceedings.
Given that OP states it’s a “dark joke” about the marriage of the opposing counsel there is a good chance the intent behind the joke cannot be argued as innocence.
There are several cases where judges have given a warning and let it go, and also held the advocate to be in contempt, we cannot tell for sure how they may interpret. But it is advisable to not try these antics in the court room where the judges at High Courts get irritated at the audience for using mobile phones during the proceedings.
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CFrom my understanding, the judges can warn you first and then hold you in contempt. The cause of the action wouldn’t be the joke, but the disregard for the judge’s direction to behave in a civil manner.
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CPeople who joke for a profession are in courts right now. Sure, let’s do a joke there.
Op! You sure are very happy right now that you are looking for trouble 😂
But, legally it depends,if there are proofs and you did something to support that very well.
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CIn this country you can land in jail for making a dark joke no matter wherever you want. Also making a joke on his marriage isn’t a “dark” joke, seems like it’s just an insult.
Beerbiceps made a pretty old and reused “dark” joke which was pretty average, still landed in so much trouble. AIB landed in similar troubles.
No wonder we see comedians like Mostlysane in India while the US and UK have some real comedians like George Carlin, Jimmy Carr, Frankie boyle, Ricky Gervais.
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