AIBE Professional Ethics Questions 2026: Advocates Act and BCI Rules

AIBE professional ethics questions come from two sources: the Advocates Act, 1961 (enrolment, right to practise and disciplinary proceedings in sections 24 to 45) and the Standards of Professional Conduct and Etiquette in Part VI, Chapter II of the Bar Council of India Rules (Rules 1 to 52). The AIBE XXII syllabus gives “Professional Ethics and BCI Rules misconduct” 4 of 100 questions. These are among the easiest marks in the paper, because the same dozen provisions and a few Supreme Court cases repeat.

Advocates Act sections for AIBE

About half the AIBE professional ethics questions come from these sections.

• s.16: senior and other advocates.
• s.24: qualifications for enrolment, including Indian citizenship, age of 21 years and a law degree.
• s.24A: disqualification for conviction of an offence involving moral turpitude, or under the untouchability law, or dismissal from employment for moral turpitude; it ends two years after release or dismissal.
• s.29: advocates are the only recognised class of persons entitled to practise law.
• s.30: right of an advocate to practise in all courts, tribunals and before any authority (in force from 15 June 2011).
• s.33: only enrolled advocates may practise in courts.
• s.35: the State Bar Council’s disciplinary committee may dismiss the complaint, reprimand, suspend, or remove the name from the roll for “professional or other misconduct”.
• s.36B: the State Bar Council must conclude proceedings within one year, failing which they stand transferred to the BCI.
• s.37 and s.38: appeal to the BCI, then to the Supreme Court, within 60 days.
• s.45: practising illegally is punishable with imprisonment up to six months.
• s.49: BCI’s rule-making power, including standards of professional conduct (s.49(1)(c)).

BCI Rules Part VI Chapter II: the rules that repeat

Duty to the court (Rules 1 to 10): act with dignity (1); respect the court (2); no private communication with a judge about a pending case (3); restrain the client from unfair practices (4); proper dress (5); do not appear before a court where a close relative is a member of the bench (6); no gown or bands in public except on ceremonial occasions (7); do not appear for or against a body on whose executive committee you sit (8); no appearance where you have a pecuniary interest (9); do not stand surety for a client (10).

Duty to the client (Rules 11 to 33): accept a brief at a fee consistent with standing, save in special circumstances (11); no withdrawal without sufficient cause and reasonable notice, refund unearned fee (12); not act where you are a material witness (13); full disclosure of connection with the other side (14); uphold the client’s interest by fair means (15); a prosecutor must not suppress material that may establish innocence (16); keep client confidences (17); never foment litigation (18); act only on the client’s instructions (19); no fee contingent on the result or share in the proceeds (20); no buying actionable claims (21) or property sold in the proceedings (22); proper accounts of client money (25 to 30); no lending to the client for litigation (32); not act for the other side after advising one side (33).

Duty to the opponent (34 and 35): negotiate only through the opponent’s advocate; keep legitimate promises. Duty to colleagues (36 to 39): no soliciting or advertising (36); no lending your name to unauthorised practice (37); no fee below the taxable fee (38); no appearance where another advocate’s vakalatnama is on record without consent (39). Other sections: no fee for training a person for enrolment (45); free legal aid to the indigent and oppressed (46); no personal business, sleeping partner allowed (47); no full-time salaried employment while practising (49).

Landmark ethics judgments

• Bar Council of Maharashtra v. M.V. Dabholkar (1976): touting and soliciting work is misconduct.
• In re Vinay Chandra Mishra (1995) and Supreme Court Bar Association v. Union of India (1998): the Supreme Court can punish for contempt, but suspension of an advocate’s licence is for the Bar Council under the Advocates Act.
• R.D. Saxena v. Balram Prasad Sharma (2000): an advocate has no lien over the client’s case files for unpaid fees.
• Ex-Capt. Harish Uppal v. Union of India (2003): lawyers have no right to go on strike or call a boycott.
• Noratanmal Chouraria v. M.R. Murli (2004): “other misconduct” reaches conduct outside professional work.
• Bar Council of India v. Bonnie Foi Law College (2023): the AIBE was upheld as valid.

Practice MCQs: AIBE professional ethics questions

1. A State Bar Council punishes an advocate for misconduct under: (A) s.24A (B) s.30 (C) s.35 (D) s.45

   Answer

   C. s.35 Advocates Act.

2. An appeal against an order of the BCI’s disciplinary committee lies to the Supreme Court within: (A) 30 days (B) 60 days (C) 90 days (D) 6 months

   Answer

   B. s.38, 60 days from communication of the order.

3. If a State Bar Council does not finish a disciplinary case in one year, it: (A) abates (B) is dismissed (C) stands transferred to the BCI (D) goes to the High Court

   Answer

   C. s.36B(1).

4. The punishment for practising without enrolment under s.45 is imprisonment up to: (A) 3 months (B) 6 months (C) 1 year (D) 2 years

   Answer

   B. Six months.

5. An advocate agreeing to take 20% of the decree amount as fee breaches: (A) Rule 11 (B) Rule 20 (C) Rule 36 (D) Rule 49

   Answer

   B. Rule 20 bars contingency and share-of-proceeds fees.

6. Soliciting work through hoardings or touts breaches: (A) Rule 6 (B) Rule 33 (C) Rule 36 (D) Rule 46

   Answer

   C. Rule 36 bars advertising and solicitation.

7. A practising advocate cannot be a full-time salaried employee because of: (A) Rule 47 (B) Rule 48 (C) Rule 49 (D) Rule 52

   Answer

   C. Rule 49; on taking such a job he must stop practising.

8. An advocate should not appear before a bench of which his brother is a member, under: (A) Rule 3 (B) Rule 6 (C) Rule 8 (D) Rule 13

   Answer

   B. Rule 6 lists the relatives.

9. An advocate may keep the client’s file until his fee is paid. This is: (A) correct, under s.171 Contract Act (B) correct, under Rule 25 (C) wrong, per R.D. Saxena (D) correct only for criminal briefs

   Answer

   C. R.D. Saxena v. Balram Prasad Sharma (2000): no lien over files.

10. The Supreme Court held that lawyers have no right to strike in: (A) Harish Uppal (B) M.V. Dabholkar (C) A.K. Balaji (D) Bonnie Foi

    Answer

    A. Ex-Capt. Harish Uppal v. Union of India (2003).

11. The minimum age for enrolment as an advocate is: (A) 18 (B) 21 (C) 23 (D) 25

    Answer

    B. s.24(1)(b): 21 years.

12. Standing surety for one’s own client is forbidden by: (A) Rule 9 (B) Rule 10 (C) Rule 19 (D) Rule 32

    Answer

    B. Rule 10.

After these AIBE professional ethics questions, take a full paper: the AIBE XXII Mock Tests (₹149) have five papers of 100 new questions in the BCI distribution.

Frequently asked questions

What are the most important AIBE professional ethics questions?

The most repeated AIBE professional ethics questions ask about misconduct and appeals under ss.35 to 38 of the Advocates Act, the penalty in s.45, and BCI Rules 6, 11, 20, 36 and 49. Cases such as Harish Uppal (no strikes) and R.D. Saxena (no lien over files) also come up.

How many questions on professional ethics come in AIBE?

The AIBE XXII syllabus gives Professional Ethics and BCI Rules misconduct 4 of the 100 questions. Four sure marks matter in a paper where the pass mark is 45% for General and OBC candidates.

Quick quiz

For every subject plus five mocks, see the AIBE XXII Complete Pack (₹499).

Sources

• Advocates Act, 1961: ss.16, 24, 24A, 29, 30, 33, 35, 36, 36B, 37, 38, 45, 49
• Bar Council of India Rules, Part VI, Chapter II (Standards of Professional Conduct and Etiquette), Rules 1 to 49
• Supreme Court judgments named above
• Bar Council of India Trust, AIBE XXII Syllabus dated 13.10.2026

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.