4 of 100 marks
AIBE 22: Professional Ethics & BCI Misconduct
This subject carries 4 marks of the 100-mark paper — a mid-weight subject. Section 45 has 36 questions on it, four times the official count.
What to carry, and where to tab
Bring the Advocates Act 1961, unmarked. Blank index tabs only — anything written on a tab can get the book confiscated. These are the parts this subject actually draws from:
- Advocates Act, Chapter III
- Advocates Act, Chapter IV
- Advocates Act, Chapter V
- Advocates Act, Chapter VII
- Advocates Act, Chapter VII; BCI Rules Part VI
- BCI Rules — Conflict of Interest
- BCI Rules — Duty to Accept Briefs
- BCI Rules — Duty to the Client
- BCI Rules — Duty to the Court
- BCI Rules — Rule 36
- BCI Rules — Solicitation
- BCI Rules — Withdrawal from Engagement
Provisions that recur
- § 35 Advocates Act
- § 35(3) Advocates Act
- § 37, § 38 Advocates Act
- § 36B Advocates Act
- § 49(1)(c) Advocates Act
- BCI Rules, Part VI, Ch. II, r. 36
- BCI Rules, Part VI, Ch. II; § 132 BSA
- BCI Rules, Part VI, Ch. II
- § 17, § 18 Advocates Act
- § 30 Advocates Act
- § 12 Contempt of Courts Act 1971
- § 5, § 13 Contempt of Courts Act
- § 49 Advocates Act; BCI Rules
Sample questions
Three of the 36, with full explanations. The first ten are free in the app.
Professional or other misconduct by an advocate is dealt with under:
- Section 16 of the Advocates Act, 1961
- Section 35 of the Advocates Act, 1961
- Section 24 of the Advocates Act, 1961
- Section 49 of the Advocates Act, 1961
Answer & explanation
Section 35 of the Advocates Act, 1961
On receipt of a complaint or otherwise, if the State Bar Council has reason to believe an advocate is guilty of professional or other misconduct, it refers the case to its Disciplinary Committee.
Which of the following punishments can a Disciplinary Committee NOT impose under Section 35 of the Advocates Act?
- Reprimand
- Removal of the name from the State roll
- Imprisonment
- Suspension from practice for a specified period
Answer & explanation
Imprisonment
The four outcomes are dismissal of the complaint, reprimand, suspension for a specified period, and removal from the State roll. A Disciplinary Committee exercises no criminal jurisdiction.
An appeal from an order of a State Bar Council Disciplinary Committee lies to:
- The Central Government, within thirty days of the order
- The High Court, within ninety days of the order
- The Supreme Court directly, within sixty days of the order
- The Bar Council of India, within sixty days of the order
Answer & explanation
The Bar Council of India, within sixty days of the order
Section 37 provides the appeal to the Bar Council of India. Section 38 then provides a further appeal to the Supreme Court within sixty days of the BCI order.
Practise
Ten questions in Professional Ethics & BCI Misconduct free, no card. Each answer cited to both codes with a line telling you where to look in the bare act.
Practise Professional Ethics & BCI Misconduct