Rajasthan has become the first state to pass a bill which ensures the safety of lawyers and advocates practicing in the state.
From draft to law
Called the Advocates Protection Act 2023, the bill was passed by the state assembly on March 21, 2023.
The bill will now be implemented into an act, which will be known as the Advocate Protection Act 2023.
The move comes after the Bar Council of India, BCI had urged the Rajasthan Government to pass a law which guarantees the safety of lawyers and advocates.
Backdrop
This emerged as an urgent matter in the backdrop of the brutal murder of an advocate in Jodhpur following which fellow lawyers carried out a strike in Jaipur.
The Bill was passed in the Rajasthan Assembly through a voice vote.
Intended to secure protection and safety of lawyers, the bill was tabled last week and now has been passed.
The aim is to safeguard lawyers from assault, grievous hurt, criminal force and intimidation.
It also covers damage or loss to their property.
Section 3
Any act of assault, grievous hurt, criminal force and criminal intimidation against an advocate will be deemed to be an offence under the Act if such an act is in connection with the discharge of duties of the advocate in court premises.
Section 4
If an advocate complains to the police regarding any act mentioned in Section 3, the police is to provide the lawyer with protection, if deemed fit.
Section 5
5(1) – Assault or criminal force against an advocate would lead to a maximum of two years imprisonment, along with a fine of up to ₹25,000.
5(2) – Act of voluntarily causing grievous hurt to an advocate would lead to a maximum of seven years imprisonment and a fine of up to ₹50,000.
5(3) – Voluntary commission of the offence of criminal intimidation against an advocate would result in a maximum of two years imprisonment and a fine of up to ₹10,000.
Section 6
All offences under the bill have been made cognizable. A cognizable offence enables the police to make an arrest without a warrant or prior permission of the court.
Section 11
If any provisions of the act are misused, the guilty party would be punishable by upto 2 years of imprisonment.
