Section 35 of Advocates Act 1961 - Punishment of advocates for
What is the Punishment of advocates for misconduct? Section 35 of Advocates Act, 1961
Section 35 : Punishment of advocates for misconduct
(1) Where on receipt of a complaint or otherwise
a State Bar Council has reason to believe that any
advocate on its roll has been guilty of professional
or other misconduct, it shall refer the case for
disposal of its disciplinary committee.
(1A) The State Bar Council may, either of its own
motion or on application made to it by any person
interested, withdraw a proceeding pending before its
disciplinary committee and direct the inquiry to be
made by any other disciplinary committee of that
State Bar Council.
(2) The disciplinary committee of a State Bar
Council shall fix a date for the hearing of the case
a notice thereof to be given to the advocate
concerned and to the Advocate General of the State.
(3) The disciplinary committee of a State Bar
Council after giving the advocate concerned and the
Advocate – General an opportunity of being heard,
may make any of the following orders, namely-
a. Dismiss the complaint or, where the proceedings
were initiated at the instance of the State Bar
Council, direct that the proceedings be filed.
b. Reprimand the advocate
c. Suspend the advocate from practice for such
periods as it may deem fit.
d. Remove the name of the advocate from the State
roll of advocates
(4) Where an advocate is suspended from practice
under clause (c) of sub section (3) he shall, during
the period of suspension, be debarred from
practicing in any court or before any authority or
person in India.
(5) Where any notice is issued to the
Advocate-General under sub-section (2) the Advocate
– General may appear before the disciplinary
committee of the State Bar Council either in person
or through any advocate appearing on his behalf.
[Explanation - In this section, section 37 and
section 38 the expression "Advocate-General" and
"Advocate-General of the State" shall, in relation
to the Union territory of Delhi, mean the Additional
Solicitor General of India.