Bar Council Of India Mandates Biometric Attendance, Criminal Background Checks For Law Students, Prescribes Other Declarations

In a notification issued on Tuesday the Bar Council of India has directed the immediate implementation of a Criminal Background Check System and mandatory declarations concerning the pursuit of simultaneous degrees, employment status, and attendance compliance in all Centres of Legal Education (CLEs).

The notification addressed to Vice-Chancellors, Registrars of Universities, Centres of Legal Education Issuing Law Degrees, further states that CLEs are required to incorporate biometric attendance systems and install CCTV cameras in classrooms to ensure transparency and accountability in attendance and conduct.

Mandatory declarations by students 

The notification states that, "to uphold the ethical standards of the legal profession, law students must maintain a clean criminal record. All law students are now required to declare any ongoing FIR, criminal case, conviction, or acquittal before the issuance of their final marksheets and degrees. Failure to disclose such information will result in strict disciplinary action, including the withholding of final marksheet and degree".

All such cases must be reported to the BCI via email with the subject line- Criminal Background Check Report at (Name of CLE).

The CLE must await the BCI's decision before issuing the final marksheet and degree to the student.

Simultaneous Degree/Programs

The notification states that in terms of Rule 6 of the Rules of Legal Education (2008), students are prohibited from pursuing more than one regular degree program simultaneously. Law students are required to declare that they have not pursued any other regular academic program while pursuing their LL.B. degree, except for short-term, part-time certificate courses in areas such as language or computer applications, or programs offered through distance learning, as allowed under the rules. Any student found violating this rule should not be issued the final marksheet or degree by the CLE, the notification adds. 

Employment Status and Attendance Compliance

The bar body has said that students are required to declare that they were not engaged in any job, service, or vocation during the course of their LL.B. degree unless they had obtained a valid No Objection Certificate (NOC). Proof of compliance with the attendance norms must also be provided, as per Rule 12 of the Rules of Legal Education.

All such cases of employment must be reported to the BCI the bar body has said making it clear that no one will be allowed to be enrolled in any State Bar Council, if "he/she fails to inform the Bar Council of India and obtain NOC from his/her employer".

 Failure to report employment status will result in the withholding of the final mark sheet & degree, and strict disciplinary action will be taken against the student and CLE both for non-compliance.

Biometric Attendance, CCTV Surveillance

The notification further states that all CLEs are required to install biometric attendance systems to ensure accurate monitoring of student attendance. CCTV cameras must be installed in classrooms and other key areas of the institution. These camera recordings must be preserved for one year to support any necessary verification or investigation related to attendance and student conduct.

Criminal Background Verification Process

CLEs are required to conduct a "thorough criminal background check" on each student before issuing the final marksheets and degrees. Any involvement in criminal cases must be reported to the Bar Council of India, and institutions must await the BCI's decision before issuing the final marksheets or degrees, the notification states.

Compliance and Penalties

The notification states that all CLEs are expected to comply with the BCI's directions immediately and students who fail to disclose their criminal background, simultaneous degree status, or employment details will face academic and legal consequences, including the withholding of their marksheets and degrees.

It adds that those institutions which fail to enforce these mandates will face disciplinary actions, "including de-recognition or disapproval of affiliation" by the BCI.

"Any breach of these requirements will result in severe academic and legal penalties.Students must submit an undertaking that confirms compliance with criminal background disclosure, simultaneous degree rules, employment status, and attendance norms. This declaration must be provided before the issuance of final marksheets and degrees," the notification adds along with the format of the undertaking to be made by the student. 

Additionally the bar body has issued two more notifications. One of them requires that all CLEs seeking provisional approval of affiliation for the concerned academic year, to submit certain documents–including Scanned and Self-Attested Copy of University Affiliation, fee receipts, Previous Provisional Approval Letters etc., without fail. 

The other one is a circular providing a detailed clarification on the legal and regulatory requirements governing collaborations between law institutions in India and foreign higher educational institutions, specifically with regard to dual degree and joint degree programs.

It states that the BCI under the Advocates Act holds "exclusive authority" to regulate legal education and ensure the recognition of law degrees for the purpose of legal practice in India. 

"The Bar Council of India mandates that prior approval must be obtained for any such dual or joint degree programs between Indian law institutions and foreign universities. This is crucial to ensure that such programs do not circumvent the statutory regulatory framework governing legal education in India," the circular states.

Among other points the circular states that "all centers of legal education are instructed to seek BCI approval prior to engaging in any dual or joint degree programs with foreign institutions". 

Institutions currently offering or negotiating such programs must halt all activities until formal approval is granted, the bar body has said. 

Also Read - Ensure Criminal Background Check Before Enrolling Advocates, Verify Other Declarations : BCI Directs State Bar Councils