Professional Ethics & BCI Rules MCQs and mock tests

Professional Ethics & BCI Rules practice sets

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• Professional Ethics & BCI Rules Practice Set 130 questions · AIBE (All India Bar Examination)Free

Exams with Professional Ethics & BCI Rules questions

• AIBE (All India Bar Examination) · 50

Sample Professional Ethics & BCI Rules questions

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1. Question 1 · Professional Ethics & BCI Rules Practice Set 1

   X's name is included in a list of touts framed and published by the District Judge under Section 45A of the Advocates Act, 1961. X continues to act as a tout. X is punishable with:

   1. A. Imprisonment up to six months, or fine up to one thousand rupees, or both
   2. B. Fine up to five hundred rupees only, without any term of imprisonment
   3. C. Imprisonment up to one year, and fine up to five thousand rupees as well
   4. D. Imprisonment up to three months, or fine up to 500 rupees, or both
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   D. Imprisonment up to three months, or fine up to 500 rupees, or both

   Section 45A(6) punishes a person who acts as a tout while his name is included in such a list with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Section 45A came into force on 30 September 2024.

2. Question 2 · Professional Ethics & BCI Rules Practice Set 1

   Assertion (A): In framing a list of touts under Section 45A of the Advocates Act, 1961, a District Judge may rely on a resolution of the local Bar Association declaring a person to be a tout. Reason (R): Under the Explanation to Section 45A(1), such a resolution, passed by a majority of the members present at a meeting specially convened for the purpose, is evidence of the general repute of that person.

   1. A. Both A and R are true, but R is not the correct explanation of A
   2. B. A is false, but R is true
   3. C. A is true, but R is false
   4. D. Both A and R are true, and R is the correct explanation of A
   Show the answer

   D. Both A and R are true, and R is the correct explanation of A

   Both are true and R explains A. Section 45A(1) allows a person to be proved to be a tout by evidence of general repute or otherwise, and the Explanation makes a resolution of an association of legal practitioners passed in the specified manner evidence of such repute. The person must still be given an opportunity of showing cause under Section 45A(2).

3. Question 3 · Professional Ethics & BCI Rules Practice Set 1

   Under Section 9(1) of the Advocates Act, 1961, who is the Chairman of a disciplinary committee of a Bar Council?

   1. A. The senior-most advocate amongst the members of that committee
   2. B. The member co-opted by the Council from outside its own membership
   3. C. The Chairman of the Bar Council that constituted that committee
   4. D. The Advocate-General of the State, as the Council's ex officio member
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   A. The senior-most advocate amongst the members of that committee

   Section 9(1) provides that each disciplinary committee consists of three persons, two elected by the Council from its members and one co-opted from qualified advocates who are not members, and that the senior-most advocate amongst the members of the committee is its Chairman.

4. Question 4 · Professional Ethics & BCI Rules Practice Set 1

   Consider the following statements under Section 45A of the Advocates Act, 1961: 1. No person's name may be included in a list of touts until he has had an opportunity of showing cause against its inclusion. 2. A copy of every list of touts must be kept hung up in every court to which it relates. 3. Every person named in a list of touts stands excluded, by force of the list itself, from the precincts of all courts in the State. Which of the statements given above is/are correct?

   1. A. 1 and 2 only
   2. B. 1, 2 and 3
   3. C. 1 and 3 only
   4. D. 2 and 3 only
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   A. 1 and 2 only

   Statements 1 and 2 follow Section 45A(2) and (4). Statement 3 is wrong: under Section 45A(5) exclusion from the precincts of a court requires a general or special order of the Court or Judge.

5. Question 5 · Professional Ethics & BCI Rules Practice Set 1

   The three members of a State Bar Council's disciplinary committee, all present, cannot reach a majority opinion on the final order in a case. The Chairman of the State Bar Council is not a member of that committee. Under Section 42(5) of the Advocates Act, 1961:

   1. A. The complaint stands dismissed, since no final order can be made without a majority opinion of the committee
   2. B. The opinion of the Chairman of the disciplinary committee prevails and becomes the final order of the committee itself
   3. C. The case goes with their opinions to the Chairman of the State Bar Council, whose opinion the final order follows
   4. D. The case stands transferred to the Bar Council of India, which decides it as if it were an appeal under Section 37
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   C. The case goes with their opinions to the Chairman of the State Bar Council, whose opinion the final order follows

   Under Section 42(5), where no final order can be made for want of a majority opinion or otherwise, the case with the members' opinions is laid before the Chairman of the Bar Council (or the Vice-Chairman if the Chairman sits on the committee), and the final order follows his opinion. The proviso to Section 42(4) requires the Chairman and all members to be present for a final order.