Advocates Act, 1961 — back to Table of Contents
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 an advocate on its roll is guilty of professional or other misconduct, it refers the case to its disciplinary committee.
(1A) The State Bar Council may, of its own motion or on application by an interested person, withdraw a pending proceeding from one disciplinary committee and direct inquiry by another disciplinary committee of the same Council.
(2) The disciplinary committee fixes a hearing date and gives notice to the advocate concerned and to the Advocate-General of the State.
(3) After hearing the advocate and the Advocate-General, the disciplinary committee may — (a) dismiss the complaint (or direct the proceedings be filed, if Council-initiated); (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it deems fit; (d) remove the advocate’s name from the State roll.
(4) A suspended advocate is, during suspension, debarred from practising in any court or before any authority or person in India.
(5) The Advocate-General may appear before the disciplinary committee in person or through an advocate.
Note: For Delhi, “Advocate-General”/“Advocate-General of the State” in this section, section 37 and section 38 means the Additional Solicitor-General of India.
