Question

The nature of proceedings in cases of professional misconduct: (1) Criminal in nature
(2) Neither civil nor criminal
(3) Quasi-criminal in nature
(4) Civil in nature

• A. Only (3)
• B. (1), (3), and (4)
• C. Both (1) and (4)
• D. Only (2)

Hint:

Disciplinary proceedings under the Advocates Act are quasi-criminal — they ensure fairness like criminal trials but focus on maintaining professional standards rather than punishment.

Answer 1

The Correct Option is A

Step 1: Understanding professional misconduct proceedings.
Proceedings for professional misconduct against advocates are conducted by the State Bar Councils and the Bar Council of India under Section 35 of the Advocates Act, 1961. These proceedings are neither purely civil nor criminal in nature but are considered quasi-criminal.
Step 2: Meaning of quasi-criminal proceedings.
The term “quasi-criminal” refers to proceedings that have characteristics of both civil and criminal procedures. They involve disciplinary actions and can lead to penalties such as suspension or removal from practice but do not result in imprisonment.
Step 3: Analysis of options.
(1) Incorrect — Professional misconduct is not criminal in nature.
(2) Incorrect — The proceedings do have a specific nature, i.e., quasi-criminal.
(3) Correct — Such proceedings are quasi-criminal in nature.
(4) Incorrect — They are not civil suits; they are disciplinary actions.
Step 4: Conclusion.
Hence, the correct answer is (A) Only (3), as professional misconduct cases are quasi-criminal in nature.