How to File a Complaint Against an Advocate With the Bar Council in India

Kaustav Chowdhury
Jul 12
5 min read

The legal profession operates on a foundation of trust. When an advocate breaches that trust through professional misconduct, clients and affected parties have the right to seek accountability through the disciplinary mechanisms established under the Advocates Act, 1961. The process involves filing a complaint with the State Bar Council, with the Bar Council of India (BCI) serving as the appellate authority. Recent developments, including a landmark Supreme Court direction in July 2026, have brought fresh scrutiny to how effectively these mechanisms function.

Grounds for Filing a Complaint

Section 35 of the Advocates Act, 1961 empowers the State Bar Council's disciplinary committee to act on complaints of professional misconduct. Misconduct is not defined exhaustively in the Act, but the BCI's Rules on Professional Standards and Etiquette provide guidance. Common grounds include professional negligence (failing to appear in court, missing limitation deadlines, not filing documents), misappropriation of client funds, charging excessive or undisclosed fees, acting on behalf of both parties in a dispute (conflict of interest), dereliction of duty (abandoning a case without notice), suppressing evidence or misleading the court, and behaviour that is unworthy of an advocate.

Who Can File a Complaint?

Any person who is aggrieved by the conduct of an advocate may file a complaint. This includes clients, opposing parties, fellow advocates, judicial officers, and the Advocate General or the Bar Council itself acting suo motu. The complainant need not be a client of the advocate in question; any person affected by the advocate's professional misconduct has standing.

Step-by-Step Process for Filing With the State Bar Council

Step 1: Identify the correct State Bar Council. The complaint must be filed with the Bar Council of the state where the advocate is enrolled, not where the misconduct occurred. Each advocate's enrollment number indicates the state of enrollment.

Step 2: Draft the complaint petition. The complaint should be in the form of a petition, duly signed and verified as per the provisions of the Code of Civil Procedure (CPC). It must clearly state the facts constituting the misconduct, the dates and circumstances, and the relief sought. The complaint may be written in English, Hindi, or the regional language recognised by the state.

Step 3: Prepare supporting documents. Submit 5 sets of the complaint along with an affidavit affirming the truth of the allegations. Attach all supporting evidence: fee receipts, correspondence (letters, emails, messages), court orders, vakalatnama copies, and any other relevant documents.

Step 4: Pay the prescribed fee. The complaint fee varies by state. For example, the Bar Council of Karnataka charges Rs 3,000. Check with the relevant State Bar Council for the exact amount and accepted payment methods.

Step 5: File the complaint at the office of the State Bar Council. Some State Bar Councils accept complaints by post; others require in-person filing. Retain an acknowledged copy for your records.

The Disciplinary Committee Proceedings

Upon receiving the complaint, the State Bar Council refers it to its Disciplinary Committee. The committee issues notice to the advocate, who is given an opportunity to respond. The proceedings follow principles of natural justice: both sides are heard, evidence is examined, and witnesses may be called. Section 36B of the Advocates Act imposes a critical timeline: if the State Bar Council does not conclude proceedings within one year from the date of receipt of the complaint, the matter is automatically transferred to the Bar Council of India for disposal.

The disciplinary committee may dismiss the complaint, reprimand the advocate, suspend the advocate's licence for a specified period, or remove the advocate's name from the roll. For negligence-related complaints in other professions, a somewhat analogous process exists for filing medical negligence complaints through the consumer court system.

Appeal to the Bar Council of India

Under Section 37 of the Advocates Act, either the complainant or the advocate may appeal to the BCI's Disciplinary Committee within 60 days of the State Bar Council's order. The BCI has all the powers of an appellate body: it can confirm, reverse, or modify the State Bar Council's decision. The BCI also has original jurisdiction under Section 36 to entertain complaints directly in certain circumstances. The Supreme Court has recently addressed the broader question of whether bodies other than Bar Councils can declare advocates professionally negligent, and has affirmed the exclusive jurisdiction of Bar Councils in this regard.

The July 2026 Supreme Court Direction: Ajay Vijh v. Indian Banks Association

In a significant development, the Supreme Court bench comprising Justices P.S. Narasimha and Alok Aradhe, in Ajay Vijh v. Indian Banks Association, directed the BCI to undertake a comprehensive performance audit of disciplinary mechanisms across all State Bar Councils. The Court expressed concern over delays, inconsistencies, and the lack of accountability in the processing of disciplinary complaints. The directions also included institutionalising Continuing Legal Education (CLE) to improve professional standards, and considering the establishment of a National Legal Academy for structured training of advocates. These measures signal a systemic reform effort and may lead to faster and more transparent complaint resolution. Complaints relating to fee disputes or misappropriation of funds may also have a financial recovery dimension; the process for recovering money lent without a written agreement illustrates the available legal remedies.

Practical Considerations

Complainants should be aware of several practical realities. Disciplinary proceedings can be lengthy; even with the one-year auto-transfer provision in Section 36B, BCI proceedings may take additional time. Documenting everything from the outset is critical: maintain a paper trail of all interactions with the advocate, including fee payments, court dates, and communications. An affidavit that is vague or unsupported by evidence weakens the complaint considerably. If the misconduct also involves a criminal element (such as misappropriation amounting to criminal breach of trust), a separate FIR may be filed with the police. The disciplinary process before the Bar Council is independent of any criminal proceedings. In cases where the advocate's conduct has caused financial harm, exploring the bail process under BNSS 2023 may also be relevant if criminal proceedings are initiated.

Key Takeaways

Complaints against advocates for professional misconduct are filed with the State Bar Council where the advocate is enrolled, under Section 35 of the Advocates Act, 1961. The complaint must be in petition form, verified as per CPC, accompanied by an affidavit and 5 sets of supporting documents. Fees vary by state (for example, Rs 3,000 in Karnataka). Under Section 36B, if the State Bar Council does not conclude proceedings within one year, the matter automatically transfers to the BCI. Appeals to the BCI must be filed within 60 days under Section 37. In Ajay Vijh v. Indian Banks Association (July 2026), the Supreme Court directed the BCI to conduct a comprehensive audit of disciplinary mechanisms, institutionalise CLE, and consider establishing a National Legal Academy. If the misconduct involves a criminal element, a separate FIR can be filed independently of the disciplinary process.