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:

Associate key functions with their section numbers in the Advocates Act: S.24 (Qualifications for enrolment), S.35 (Punishment for misconduct), S.37 (Appeal to BCI), S.38 (Appeal to Supreme Court), S.49 (General power of BCI to make rules).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The Advocates Act, 1961, contains specific provisions that empower the Bar Councils to take disciplinary action against advocates found guilty of professional or other misconduct.

Step 2: Detailed Explanation:
Let's analyze the sections mentioned in the options:
- Section 29 states that advocates are the only recognized class of persons entitled to practice law.
- Section 35 is titled "Punishment of advocates for misconduct". This section lays down the entire procedure. It empowers a State Bar Council to refer any case of misconduct to its disciplinary committee and specifies the orders (punishments) that the committee can pass, such as reprimand, suspension, or removal from the rolls.
- Section 37 provides for the appeal to the Bar Council of India against an order of the disciplinary committee of a State Bar Council. It is an appellate provision, not the primary provision for punishment.
Therefore, the core provision that deals with the punishment for misconduct is Section 35.

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