Advocate Protection Bill Tabled In Rajasthan Assembly, State Advocates Call For Certain Amendments

The bill aims to provide for the prevention of offences of assault, grievous hurt, criminal force, and criminal intimidation against the advocates and damage or loss to their property.

The bill under Section 3 punishes the act of assault, grievous hurt, criminal force, and criminal intimidation against an advocate in connection with the discharge of his duties in the court premises.

In case of causing grievous hurt to an advocate, the bill proposes a maximum imprisonment of seven years and a fine of ₹50,000. Whereas in case of assault on a lawyer, the maximum punishment will be imprisonment of two years and a fine of ₹25,000.

Further, in cases of criminal force and intimidation against a lawyer, a maximum punishment of two years has been proposed in the bill.

All the offences under the bill have been made cognizable, as well as compoundable under Sections 6 and 7.

In addition to the punishment, the offender, in appropriate cases, shall also be liable to pay damages for loss or damage caused to the property of an advocate, as may be determined by the Court.

The bill also proposes a clause wherein an offender can be made liable to reimburse the medical expenses incurred by such advocate as may be determined by the Court.

In an attempt to provide more safety to the advocates, the bill under Section 4 proposes that the police may, if deems fit, provide protection to an advocate if any report is made to the police by an advocate with respect to any offence against him.

The bill also proposes to punish an advocate who misuses the provision of this Act or uses the same for malicious purposes or makes a false complaint under the bill with imprisonment up to three years, or with a fine or both.

In an attempt to add an added layer of precaution while prosecuting an advocate on a complaint made by a client, the bill proposes that if a report of cognizable offence is received from the client or opposite client against the advocate for the act done, during discharge of his professional duties, the same may be registered only after an inquiry by the police officer not below the rank of Deputy Superintendent of Police, which shall be completed within a maximum period of seven days and if a case is registered, a written information of the same be sent to the Bar Council of Rajasthan (Section 9).

Soon after the bill was tabled in the State Assembly, the State Bar Council wrote to the CM of the state informing him that it has received several representations from the advocates of the state, including the bar associations seeking amendments to Sections 3, 4, 6 and 9 of the bill.

The advocates have essentially sought the following amendments in the bill:

• -An extension of the words ‘Court Premises’ as they appear under Section 3.
• -Deletion of words ‘Police may, if deems fit’ as they appear under Section 4
• -Addition of word ‘non-bailable’ along with ‘cognizable’ under Section 6
• -Need to further elaborate words ‘during discharge of his professional duties’ under Section 9

It may be noted that the advocates in the state have been protesting for the past 1 month seeking the enactment of the Advocate Protection Act. They are expected to continue their strike till the bill is passed in the assembly.