Question

What is the punishment for advocates if the established finding of the Bar Council is misappropriation?

• A. Impose a fine
• B. Name of the advocate will be struck off from the Rolls
• C. Suspension from practice
• D. All of the above

Hint:

For questions about punishment for professional misconduct, remember the four key outcomes under Section 35 of the Advocates Act: Dismissal, Reprimand, Suspension, and Removal from Rolls. The severity of the punishment depends on the gravity of the misconduct.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Advocates Act, 1961, governs the legal profession in India. Section 35 of the Act empowers the Disciplinary Committee of a State Bar Council to take action against an advocate for professional or other misconduct. Misappropriation of a client's funds is a grave form of professional misconduct.

Step 2: Detailed Explanation:
Section 35(3) of the Advocates Act, 1961, lists the orders that the Disciplinary Committee of a State Bar Council can pass after giving the advocate an opportunity of being heard. The possible orders are:
(a) dismiss the complaint;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the state roll of advocates.
Misappropriation is a very serious misconduct. Depending on the gravity, facts, and circumstances of the case, the Disciplinary Committee can impose any of the punishments, from suspension to the most severe punishment of striking the name off the Rolls. While a fine is not explicitly mentioned as a primary punishment in Section 35(3), the powers are broad, and in practice, costs can be imposed. However, suspension and removal from rolls are the main punishments. Given the options, and the severity of misappropriation, both suspension (c) and striking off the rolls (b) are definitely possible. "Impose a fine" is less common as a standalone punishment for such a grave offence but can be part of the overall order (e.g., as costs). Considering that the committee has a range of punitive measures it can take, and the options listed are all forms of punitive action, "All of the above" is the most encompassing choice representing the spectrum of possible consequences, even if a fine is more of a cost imposition. In the context of misconduct, suspension and removal are the key punishments.

Step 3: Final Answer:
For a serious misconduct like misappropriation, the Bar Council's Disciplinary Committee has the power to reprimand, suspend the advocate from practice, or remove the advocate's name from the rolls entirely. Therefore, all the punitive actions listed are within the realm of possibility.