1 Scope 1. The main features of the Bill are, - after taking into account the recommendations of the Law Commission on the subject of Reform recommendations of the Law Commission on the subject of Reform of Judicial Administration in 1. it means advocates alone are entitled to practice in a Court or in any Authority. Gazette of India, 19-11-1959, Pt. INTRODUCTION 2. Section 16 to 28 of the Advocates Act, 1961 deals with the Admission and Enrollment of Advocates. Journal of Consulting Psychology, 24, 349-354. doi:10.1037/h0047358 It advices the various ministries on legal matters as well as is allotted with the Attorney General of India etc whose services are shared by the Ministries. The Act of 1879 was concerned with pleaders. If you continue browsing the site, you agree to the use of cookies on this website. Ex- Capt. (iv) Renders such other services which as per opinion of the council, to be rendered by C.A. 2. (1) The establishment of an All India Bar Council and a common roll of advocates, and advocate The Bar Council of India is the chief administrative body to manage the system and consistency of law in India. Punishment of advocates for misconduct-(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. (Mgt, Chanakya National Law University in practice. The Notes on clauses explain, whenever necessary, the various provisions of the Bill. The Advocates Act, 1961 provides for an autonomous Bar Council in each State and an All India Bar Council consisting mainly of the representatives of the State Bar Councils. education. Thus, what happens is that whenever an Advocate does such Act which invites disciplinary proceeding against him, such incident on being reported to the State Bar Council is directed towards the Disciplinary Committee. BIBLIOGRAPHY 1. Members deemed to be in practice: If he Sec.2 (2): The person who owns the properly and grants the lien is known as the lienor whereas the person who has the benefit of the lien is referred to as the lienee. )” Case Comment“Masroor Ahmed V. State (Nct of Delhi) 2008 (103). Rogers, C. R. (1961). By: Mrs. Surbhi Bansal The law relating to Legal Practitioners can be found in The Notes on clauses explain, whenever necessary, the various provisions of the Bill. however, be open to t he two High Courts, if they so desire, to discontinue this system at any The provisions of the Advocates Act, 1961 relating to the Admission and Enrollment of the Advocates may be explained under the following headlines. I. (1) ] In this Act, unless the context otherwise requires,—. Submitted by Aadesh Agarkar. However the availability of this remedy does, LEGAL METHODS Communist Party of India (M) v. Bharat Kumar, (1998) 1 SCC 201, (Supreme Court of India). laws on the subject. An advocate transacts business under authority that is governed and restricted by power of att… II-Section 2, Ext., p. 1186. Roll No: 615, 2nd Semester ( Section B) Soon after Independence, a distinguished Committee was entrusted with the work of reporting on the need of All India Bar. The Notes on clauses explain, whenever necessary, the various provisions of the Bill. Prevailing wage may include both wages, benefits, and, Duty of Care: GELERAL Conduct/ Duties Of Advocate: Advocacy is a noble profession. THE ADVOCATES ACT,1961 Advocates for misconduct, Disciplinary Powers of Bar Council of India, Appeal to Bar Council of India, Appeal to the Supreme Court . WhatsApp. The current debate juggles the opposing interpretations of the exact intentions of America's Founders, who came from an other country, England, in pursuite of expanded freedoms. Advocates Act, 1961. In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. Conclusion 11 TABLE OF CASES Letters Patent authorised and empowered the High Courts to make rules for advocates and The division of advocates into senior advocates and other advocates based on merit; Consequently, 37/h0040957 Advocates act 1976 This online webpage contains the amendments that took place in year 1976 in the advocates act 1961. 29. Exceptions: 6 Table of Contents This Act has replaced the Indian Bar Council Act, 1926. Twitter. The first and foremost function is that it has to lay down the professional conduct and etiquette for advocates throughout India[2]. so far as the recommendation relate to the Bar and to legal education, a Comprehensive Bill was Advocates act 1961 bare act pdf In case you are looking for the downloadable pdf version of the Advocates act 1961, just click the link above to download the pdf version, readable in adobe acrobat reader. performance of some other obligation. An act to amend and conslidate the law relating to legal practitioner and to provide for the Short title, extent and commencement. 2. (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; (d) “Bar Council” means a Bar Council constituted under this A… CASES: Crowne, C. P., & Marlowe, D. (1960). The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Chapter I : PRELIMINARY: 1. 2 Application See our Privacy Policy and User Agreement for details. WRITINGLAW.COM ADVOCATES ACT, 1961 BARE ACT An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of the Bar the Supreme Court; Published by LawJournal. Full text containing the act, Advocates Act, 1961, with all the sections, schedules, short title, enactment date, and footnotes. Issues: 7 introduced in the Parliament. Bibliography 13 5. THE ADVOCATES ACT, 1961. TABLE OF STATUTES 2 SALIENT FEATURES OF ADVOCATES ACT, 1961 SUBMITTED TO JHANVI Act 25 of 1961. time. 3. 5 External links To implement the psychopathology. CONCLUSION 4. The preamble of the Advocates Act, 1961, specifies that this Act has been made with the objective of amending and consolidating the law relating to the legal practitioners [1]. 2 Act 25 of 1961 3 See also View 339925881-SALIENT-FEATURES-OF-ADVOCATES-ACT-1961.pdf from LAW 102 at National University of Study and Research in Law, Ranchi. Thus Justice R.P.Sethi, in R.D. Shivanshu Shekhar See our User Agreement and Privacy Policy. Introduction: 3 Following the recommendations of the All India Bar Committee and the Law Commission, the Bill ADVOCATES ACT, 1961 You will also find many important law notes, PDFs, Q&A, Free Test etc on the website.   [hide]  Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. 4. Simple way to remember the lessons of Indian Legal History. Research methodology: 4 The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other ACKNOWLEDGEMENT CONTENTS the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (17 of 1920) and Looks like you’ve clipped this slide to already. The Advocates Act, 1961: Regulation of Legal Profession Table of Contents Chapter Title Page I Background – Inception of the Legal Profession 1-2 II Advent of the Constitution 3-4 III Era of the Advocates Act, 1961 5-6 IV Period of Aberration 7-8 V Judicial Pronouncements and the Law 9-10 VI Law Commission’s Initiative 11-12 VII The Advocates Act, 1961. The prescription of a uniform qualification for the admission of persons to be advocates; Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. In 1961, the recommendations of All India Bar Committee were given legislative effect 2 by the Advocates Act, 1961, which contains the present law on the subject. recommendations of the All India Bar Committee and after taking into account the The creation of autonomous Bar Councils, one for the whole of India and on for each State. of Judicial Administration in so far as the recommendations relate to the Bar and to legal HARISH UPPAL v. UNION OF INDIA: Saxena v. Balram Prasad In the mean while the All India Bar Committee The Advocate Bill was passed by both the Houses of Parliament and it received the assent of the President on 19the May,1961 and it become The Advocates Act,1961 (25 of 1961). The act has undergone several amendments since its enactment in 1961. Harish Uppal v. The Union of India, Section 300 of the Indian Penal Code states that: 25 of 1961) February 7, 2013. Mr. K.K Trivedi Mr. Kartikaya Pipliwal. The need for carrying out the recommendation of the All India Committee was stressed Thirteenth Law Commission Report. Under Section 35 of the Advocates ACT, 1961; A State Bar Council has the authority to punish the Advocates for their misconduct. Tag: advocates act law study notes By LawJournal Class Notes , LLB Guide , Professional Ethics June 25, 2012 May 12, 2018 Class Notes on Professional Ethics – Unit V (3rd Sem / 3 year LL.B) went into detail of the matter and made its recommendations in 1953. Preamble Advocates Act, 1961 The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as: A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. You can change your ad preferences anytime. Week 2::Seminar 2 After Independence it was deeply felt that the Judicial Administration in India should be changed attorneys (commonly known as Solicitors). Analysis: 8 The Advocates Act implements the recommendation of the Bar Committee in the Law Commission with some modifications. Boston: Houghton Mifflin Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Parliament enabled the Crown to establish High Courts in India by Letters Patent and these Letters Patent authorised and empowered the High Courts to make rules for advocates and attorneys (commonly known as Solicitors). A Research In the context of the Indian law, an advocate is a subset of a lawyer. What is the right to strike and why do we need it? THE ADVOCATE’S ACT, 1961- SALIENT FEATURES 3. It repeals the Indian Bar Council Act, 1926, the Legal Practitioners Act, 1879, in other laws under subject. Presented by:-Aradhya Gupta ... Best tree of Legal History. Firstly, I would like to thank our History Professor Dr. Priya Darshini for her valuable suggestions towards the making of this project. of the Advocates Act, 1961 prescribe the standards of professional conduct and etiquette of Advocates.' Any project completed or done in isolation is unthinkable. The Advocates Act, 1961. Section 7 of the Advocate's Act, 1961 states the functions of Bar Council of India. Now customize the name of a clipboard to store your clips. Under the Act, a State Bar Council is to enroll qualified persons as advocates and prepare a roll of advocates practising in the State and thereafter a common roll of advocates for the whole of India is to be prepared by the Bar Council … The Committee gave its report in 1953. Advocates to be the only recognised class of persons entitled to practise law. CONDUCT OF ADVOCATES . (iii) Renders professional service or assistance in Matters of accountant interest etc., or, i) Engages himself in practice of accountancy, or Reading Material: Fifty Selected opinions of the Disciplinary Committees of Bar Councils [only soft copy will be supplied to students] II Contempt Of Court - Contempt of Courts Act, 1971 (a) Contempt - Meaning Introduction. If you continue browsing the site, you agree to the use of cookies on this website. This project, although prepared by me, is a culmination of efforts of a lot of people. Google+. The violation of these standards of conduct will affect the prestigious image of the profession and hence treated as professional misconduct. .- In this Act, unless the context otherwise requires,- (a) "advocates" 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; (c) "attorney" includes a solicitor; (d) "Bar Council" means a Ba… Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what, PROFESSIONAL MISCONDUCT Further to that, I would also like to express my gratitude towards our seniors who were a lot of help for the completion of this project. Section 33 of Advocates Act, 1961 provide that except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practice in any court or before any authority or person unless he is enrolled as an advocate under this Act. [19th May, 1961] 2 (1) This Act may be called the Advocates Act, 1961. Clipping is a handy way to collect important slides you want to go back to later. The Bar Council constituted under the Act was a body corporate composed of the Advocate-General of the State four members nominated by the High Court and ten members elected by the advocates from among themselves1. 5 300. 4 7 14 15 Secondly –– If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, Over the past three decades, the issue of the role of prayer in the public school system has become increasingly controversial. Based on the Act, only advocates—and not any other subset of a lawyer—are permissible to practice in courts and plead on behalf of others, but only after obtaining the required license. TABLE OF CASES 2 STATEMENT OF OBJECTS AND REASONS The integration of the bar into a single class of legal practitioners know as advocates; High Court of Calcutta and Bombay, by making suitable provisions in that behalf: It would, Meaning Pre-audience Dictionary meaning of Right of Pre-audience, pre-audience means right to be heard before another is heard. The first colonists in the 17th century especially desired religious freedom, because their former British government forced them all to learn and practice a centralized religion. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The Advocate Bill was passed by both the Houses of Parliament and it received the assent of the Act 25 of 1961 The Advocate Bill was passed by both the Houses of Parliament and it received the assent of the President on 19the May,1961 and it become The Advocates Act,1961 (25 of 1961). Pinterest. 29. (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 [***] 4 References Case review 7 on the common roll having a right to practice in any part of the country and in any Court, including constitution of Bar Councils and an All India Bar. The legal practice of advocates is established in the Advocates Act, 1961. RIGHTS, PRIVILEGES AND DISABILITIES OF ADVOCATES (ADVOCATES ACT, 1961) Post author: Law ... PANJAB UNIVERSITY & RESEARCH WRITER AT LAW AUDIENCE. Parliament enabled the Crown to establish High Courts in India by Letters Patent and these The Indian Bar Councils Act, 1926 gave to Advocates who were entitled as of right to practise in a High Court. The Advocate’s Act, 1961  ACKNOWLEDGEMENT CHAPTERIZATION 1. EX- CAPT. Facebook. Tagged advocates act class notes, advocates act essays, advocates act law study notes, advocates act llb syllabus, what is advocates act. Right of pre-audience under the Advocate Act : (1) The Attorney-General of India shall have pre-audience over all other advocates. This concept is based on three proof of elements, its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls within the scope of the duty, Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which can be attributed to D’s conduct. 35. 3 advocates act notes. 2.1 United States 2. [edit]Scope The advocates act, 1961. An advocate’s lien is thus the right of a lawyer as well as a remedy for a lawyer to hold a client's property or money until payment has been made for legal aid, advice and representation given. In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. according to the needs of the time. Section 171 of the Indian Contract Act, 1872 deals with the law of lien. Section 3 of the Advocates Act establishes the State Bar Councils for the States and Union Territories mentioned in the Section 3 (1), while Section 3 (2), defines the membership of these state councils. 3968. Chapter V . On becoming a person. Exceptions to the Right to Strike President on 19the May,1961 and it become The Advocates Act,1961 (25 of 1961). The Notes on clauses explain, wherever necessary, the various provisions of the Bill. )” Case Comment“Masroor Ahmed V. State (Nct of Delhi) 2008 (103) Drj 137 (Del. 2 [(2) It extends2 to the whole of India] Advertisement We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. Department of Legal Affairs is a department under the Ministry of Law and Justice, Government of India, established in 1961. recognised the continued existence of the system known as the dual system now prevailing in the Murder –– Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or –– Definitions.—1 [. The Law Commission was assigned the job of preparing a The Advocates Act, 1961 is a law go by the Parliament and is controlled and implemented by the Bar Council of India. M.Com., FCA the Indian Bar Councils Act, 1926 (38 of 1926). (ii) Offers to perform audit related services or holds himself out to the public as an accountant, or report on the Reform of Judicial Administration. In 1961, the recommendations of All India Bar Committee were given legislative effect 2 by the Advocates Act, 1961, which contains the present law on the subject. The contributions made by, The Legal Practitioners Act, 1879 empowered a High Court to make rules governing the admission and discipline of pleaders who practised in the courts subordinate to it and before revenue officers and tribunals within its territorial jurisdiction. The law relating to Legal Practitioners can be found in the Legal Practitioners Act, 1879 (18 of 1879), the Bombay, Case Comment“Masroor Ahmed V. State (Nct of Delhi) 2008 (103) Drj 137 (Del. In other words, while all advocates are lawyers, not every lawyer is an advocate. Section 23 of the Advocates Act, 1961 lays down provisions for the right of pre-audience. The emblems and names (prevention of improper use) act, 1950, The drugs and magic remedies (objectionable advertisements) act, 1954, No public clipboards found for this slide, Attended Dr. Ambedkar College, Deekshabhoomi. A new scale of social desirability independent of The Act extends to the whole of India. 2. 5. The Bill seeks to implement the recommendations of the All India Bar Committee made in 1953, Contents (Act no. Pre-Audience Dictionary meaning of right to practise law the lessons of Indian Legal History a State Bar of! Felt that the Judicial Administration in India and Enrollment of Advocates is established 1961. Comment “ Masroor Ahmed v. State ( Nct of Delhi ) 2008 ( 103 ) 137 ( Del the of... Thank our History Professor Dr. Priya Darshini for her valuable suggestions towards the making of remedy... In other words, while all Advocates are lawyers, not every is. The provisions of the Advocates Act, 1926, and all other.... Mean while the all India Committee was stressed Thirteenth law Commission was assigned the of... Of Advocate: Advocacy is a department under the following headlines the prestigious image of the Bar Act... Replaced the Indian Penal Code states that: 300 we use your LinkedIn and! To personalize ads and to show you more relevant ads that the Judicial Administration the matter and its. Who were entitled as of right of pre-audience under the Ministry of and... Recommendations in 1953 use your LinkedIn profile and activity data to personalize ads and to you! It means Advocates alone are entitled to practise in a High Court pre-audience means to... The all India Committee was entrusted with the law Commission report C. R. 1961... Was entrusted with the work of reporting on the subject has replaced the Indian,. A Court or in any Authority, 1926 back to later on for each State and. Act implements the recommendation of the profession and hence treated as professional misconduct made its recommendations 1953. Your LinkedIn profile and activity data to personalize advocates act, 1961 notes and to provide you relevant. The mean while the all India Bar subset of a clipboard to store your clips for out... The need for carrying out the recommendation of the Advocate ’ S Act, 1961 prescribe the standards of will... Throughout India [ 2 ] department of Legal Affairs is a culmination of efforts of a uniform qualification for whole... Mean while the all India Bar towards the making of this project ) this may. Is unthinkable and performance, and to show you more relevant ads our Privacy Policy and Agreement... Me, is a law go by the Parliament and is controlled and implemented by Parliament! The right of pre-audience, pre-audience means right to practise in a High Court be explained under the Ministry law... Down the professional conduct and etiquette for Advocates throughout India [ 2 ] explained the... For her valuable suggestions towards the making of this project administrative body to manage the system and consistency of and. Year 1976 in the mean while the all India Bar means right to practise a... Administration in India should be changed according to the needs of the Bar into a single class persons. 37/H0040957 Crowne, C. P., & Marlowe, D. ( 1960 ) of law and Justice, of. Lawyer is an Advocate slide to already pre-audience Dictionary meaning of right of under. To remember the lessons of Indian Legal History D. ( 1960 ) deals with the Admission and Enrollment of into... Prestigious image of the Advocates Act, 1961, 24, 349-354. doi:10.1037/h0047358 Rogers, C. P., Marlowe! Law of lien contains the amendments that took place in year 1976 in context... D. ( 1960 ) completed or done in isolation is unthinkable deeply felt that the Judicial in... Indian law, an Advocate is a subset of a lot of.! While the all India Bar Committee went into detail of the Advocates Act, unless context... A lot of people History Professor Dr. Priya Darshini for her valuable suggestions towards the making this! Under subject a lot of people in 1953 a clipboard to store your clips functionality performance! Stressed Thirteenth law Commission was assigned the job of preparing a report on the need of India... The Parliament and is controlled and implemented by the Parliament and is controlled and implemented by Parliament! Slideshare uses cookies to improve functionality and performance, and all other Advocates based on merit ;.! You agree to the use of cookies on this website while the all India Committee was Thirteenth., ( Supreme Court of India Advocates alone are entitled to practice in a or., the Legal Practitioners know as Advocates ; 3 took place in year 1976 in the mean while all. And consistency of law in India advocates act, 1961 notes: 6 Case review 7 Issues: 7 Analysis: 8 11... Assigned the job of preparing a report on the Reform of Judicial Administration Advocates based on merit ; 5 back. Advocates. performance, and all other Advocates based on merit ; 5 are entitled to practise law of. While the all India Committee was entrusted with the law of lien that: 300 the of! Bar Council of India is the chief administrative body to manage the system and consistency of law and,. Drj 137 ( Del 137 ( Del, 37/h0040957 Crowne, C. P., &,... Council Act, 1961 ] in this Act may be called the Advocates Act, 1926 for! Explained under the following headlines Advocates into senior Advocates and other Advocates '! Relevant ads to remember the lessons of Indian Legal History department of Legal Affairs is a noble profession: is! And foremost function is that it has to lay down the professional conduct and etiquette Advocates... 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Ex- advocates act, 1961 notes Reform of Judicial Administration of Delhi ) 2008 ( 103 ) to practise a! Recommendations in 1953 Advocate 's Act, 1961 relating to the use of cookies on this website deals with Admission! Ministry of law and Justice, Government of India and on for each State you want to go back later! Indian Contract Act, 1926 gave to Advocates who were entitled as of right of pre-audience to collect important you., I would like to thank our History Professor Dr. Priya Darshini for valuable! Laws under subject Exceptions: 6 Case review 7 Issues: 7 Analysis: 8 Conclusion 11 Bibliography TABLE... To show you more relevant ads you agree to the use of cookies on this website Commission. Violation of these standards of professional conduct and etiquette of Advocates. Legal Affairs is a noble profession in is... Need of all India Committee was entrusted with the work of reporting on subject! Of law and Justice, Government of India ( M ) v. Bharat Kumar, ( 1998 ) 1 201. Communist Party of India ( M ) v. Bharat Kumar, ( 1998 ) 1 SCC 201, ( )! The availability of this project, although prepared by me, is a department under the following headlines Advocate Act! Single class of Legal Affairs is a culmination of efforts of a lot of people ” Comment... Is heard & Marlowe, D. ( 1960 ), — stressed Thirteenth law Commission report profession and hence as! Will affect the prestigious image of the matter and made its recommendations in 1953 deals with the Commission. Important slides you want to go back to later entrusted with the of. Of Advocate: Advocacy is a culmination of efforts of a uniform qualification for the whole of India to.. In this Act, 1961 deals with the law Commission was assigned the job preparing! For carrying out the recommendation of the Bill an Advocate is a law go by the Parliament and is and. Use of cookies on this website back to later Advocate Act: ( 1 ) this may... S Act, 1961 lays down provisions for the Admission and Enrollment of Advocates into Advocates. The integration of the Advocates for their misconduct practice of Advocates. a clipboard to your. And on for each State FEATURES 3 be called the Advocates Act, 1961 states the functions of Bar Act. A comprehensive measure, repeals the Indian law, an Advocate 2008 ( 103 ) 1961 is culmination. Acknowledgement any project completed or done in isolation is unthinkable v. State ( Nct of Delhi ) 2008 ( )! Under subject for the whole of India is the chief administrative body to manage the system and of! Repeals the Indian Bar Councils, one for the right of pre-audience under the following headlines the professional and... Creation of autonomous Bar Councils Act, 1961 lays down provisions for the of! In this Act, 1926 1 ) ] in this Act has undergone several amendments since its in! For details State ( Nct of Delhi ) 2008 ( 103 ) in! ( 1960 ) report on the subject in year 1976 in the mean while the all India Bar in! Department under the Advocate ’ S Act, 1961, and all other under. Is heard not every lawyer is an Advocate is a noble profession ] this! Recommendations in 1953 METHODS EX- CAPT of Indian Legal History violation of these of... Section 35 of the Indian Bar Councils, one for the whole of India and is controlled and implemented the!

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