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Punishment of Advocate For Misconduct

The document discusses punishment of advocates for misconduct under the Advocates Act of 1961. Misconduct is not defined in the act but generally involves moral turpitude, unlawful or wrong behavior. The disciplinary committee can dismiss complaints, reprimand, suspend, or remove advocates from the state roll for misconduct. Appeals can be made to higher councils or the Supreme Court.

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167 views2 pages

Punishment of Advocate For Misconduct

The document discusses punishment of advocates for misconduct under the Advocates Act of 1961. Misconduct is not defined in the act but generally involves moral turpitude, unlawful or wrong behavior. The disciplinary committee can dismiss complaints, reprimand, suspend, or remove advocates from the state roll for misconduct. Appeals can be made to higher councils or the Supreme Court.

Uploaded by

jashan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PUNISHMENT OF ADVOCATE FOR MISCONDUCT :

The term misconduct and professional misconduct are not defined in the advocates act, 1961 but in
in general the term misconduct may involve moral turpitude it must be improper or wrong behavior,
unlawful behavior etc.

Section 35 of the act also says that advocate may be punished for professional. misconduct or other
misconduct although the term of misconduct and professional misconduct are not defined in section
35 or any other provision of the advocate act 1961.

The expression professional or other misconduct is mentioned section 10 of the bar council act 1926
by using those words it was made it clear that authority. might take action. in all cases of misconduct
whether in professional or another capacity.

Case: State Of Punjab v/s Ram Singh Ex Constable


In this case Sc court held that misconduct in office may be defined as a unlawful behavior or neglect
by a public officer by which the right of a party is affected.

Further the court had observed the professional misconduct involve:

1. Moral Turpitude
2. Unlawful And Wrongful Behavior
3. Transgression
4. Forbidden Act
5. Carelessness And Negligence Performed On Duty
6. Willful In Character

Punishment of Advocate for misconduct [section 35]


Section 35 of the advocate act 1961 deals with the punishment of advocate for misconduct and talks
about the disciplinary committee power of bar council. Section 35 of the act states that a person is
found guilty. of professional misconduct it shall refer the case to a disciplinary committee shall fix a
date of hearing and issue a notice to the advocate and the advocate general of state.

The disciplinary committee state bar council after being heard. both the parties:

1. Dismiss the complaint or where the proceeding was initiated at the instance. of state bar
council direct that proceeding, be filed.
2. Reprimand the advocate.
3. suspend the advocate from practice for such a period as it deems fit.
4. remove the name an advocate from the state roll of advocate.

SECTION 36 of the advocate act 1961 states that the bar council of India on receipt of complaint of
an advocate whose name is not enrolled in any. state roll shall refer to its name to the disciplinary
committee. can dispose of a pending complaint.
As per section 36B of the act states that disciplinary committee can dispose of a complaint within a
period of 1 year from the date of its receipt. If this fails, then the complaint goes to the bar council of
India.

Remedies Against The Order Of Punishment:

1. Appeal to the bar council of India [section 37]


2. Appeal to the SC [section 38]
3. Stay of the order [section 40]

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