Question

Which Section of Advocates Act provides punishment for misconduct of advocates

• A. Section 29
• B. Section 35
• C. Section 37
• D. All of the above

Hint:

For the Advocates Act, Section 35 is the cornerstone of the disciplinary mechanism. Link "Section 35" directly with "Punishment for Misconduct" in your memory.

Answer 1

The Correct Option is B

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 misconduct.

Step 2: Detailed Explanation:
Let's analyze the provided sections:
- Section 29 states that advocates are the only recognized class of persons entitled to practice law. It doesn't deal with punishment.
- Section 35 is titled "Punishment of advocates for misconduct." This section outlines the entire procedure: how a complaint is received by the State Bar Council, referred to its disciplinary committee, and the orders (punishments) that the committee can pass (reprimand, suspension, or removal from rolls). This is the primary section dealing with the punishment for misconduct.
- Section 37 deals with the 'Appeal to the Bar Council of India'. It provides the remedy against an order under Section 35, but it does not itself provide for the punishment.
Therefore, the correct section that provides for the punishment itself is Section 35.

Step 3: Final Answer:
Section 35 of the Advocates Act, 1961, provides for the punishment for misconduct of advocates.