Question

Punishment for Advocates for misconduct is defined in Advocates Act 1961 by

• A. Section 25
• B. Section 33
• C. Section 35
• D. None of the above

Hint:

Section 35 of the Advocates Act is the cornerstone of professional discipline for lawyers in India. Remember the types of punishments that the disciplinary committee of the Bar Council can impose.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the specific section in the Advocates Act, 1961, that deals with the punishment of advocates for professional misconduct.

Step 2: Key Legal Provision:
Chapter V of the Advocates Act, 1961, is titled "Conduct of Advocates" and contains the provisions related to professional misconduct.

Step 3: Detailed Explanation:
- Section 35 of the Advocates Act, 1961 is titled "Punishment of advocates for misconduct." This section empowers the State Bar Council to refer any case of professional or other misconduct to its disciplinary committee. If the committee finds the advocate guilty, it can impose punishments such as reprimanding the advocate, suspending the advocate from practice for a certain period, or removing the name of the advocate from the state roll of advocates. This is the core provision dealing with disciplinary action against advocates.
The other options are incorrect:
- Section 25 deals with the authority to whom applications for enrolment are to be made.
- Section 33 states that advocates alone are entitled to practice law.

Step 4: Final Answer:
The punishment for advocates for misconduct is defined in Section 35 of the Advocates Act, 1961.