The expression misconduct a wide canvas should be adopted ( R.D Saxena vs
Balram Prasad Sharma,2000,7 SCC ,264
Though parliament has not defined conduct or misconduct of advocate inspite of
Caption given in Part V of the Advocates Act,1961,which is diametrically
opposite to what has been provided under section 35 to 44 .It has simply devised
a machinery to start disciplinary action against the Advocates under the above
section of the Act..
There is no settled judicial decisions to define conduct of Advocates under all
A statutory Body namely Bar Council of India has been formed to frame Rule under
section 49 of Advocates Act ,1961.The Bar Council of India has prescribed
standard of Professional Conduct and etiquette to be observed by Advocates under
clause 1(c) of the said section.
The word misconduct as referred to in section 35 of the Advocates Act held in
R.D Saxena vs Balram Prasad that misconduct envisaged in section 35 of the
Advocates Act is not defined.The section uses the expression misconduct,
professional or other wise.
The word misconduct is a relative term .It has to be considered with reference
to the subject matter and the context where in such terms occurs.
It literally means wrong conduct or improper conduct.