Advocate Protection Bill, 2021
Dr. Payal Arya Sah
Head Of Legal Department at Ardh Sainik Legal Associates | Ardh Sainik Group | Management | Litigation | Corporate Law | Legal Research | Civil litigation | Negotiation | Legal Journalism
Advocates get a new shield as Advocate Protection Bill was introduced in the Rajasthan Legislative Assembly.
The State Government on Wednesday 15.3.2023, in the assembly. The bill will provide for a maximum sentence of seven years and ?50,000 fine if there was a serious injury caused to a lawyer. The offence of causing harm to a lawyer has been made cognisable, this means that the offence is now a non-bailable.
After that, the lawyers expressed their satisfaction. It is expected that this bill will be adopted by the State Assembly on March 22.
Other than the punishment of two to seven years’ sentence and fine ranging from 10,000 to 50,000, depending on the seriousness of the offence, the offender will be liable to pay for the damage done to the property and even repay the medical cost as determined by the court.
The Bill was introduced after the state-wise protest had begun when an Advocate was murdered in broad day light, the lawyers demanded implementation of the Act for their protection.
The High Court of Rajasthan has also been aware of the issue and has suggested that it may adopt guidelines if no legislation is passed by the Assembly.
Aim of the bill
The purpose of the bill is to prevent assault, serious injuries, criminal force, and criminal intimidation of human rights defenders and damages or loss of property cause to Advocates.
Benefit and Key Features of Advocate Protection Act, 2021
Social Security - Section 15 of the bill provide social security to the advocate, provide financial assistance to neddy. A minimum of ?15,000 every month to be made available to advocate through Local District Magistrate/District Court of the concerned State Bar Council. Out of the total financial assistance, 50% may be borne by the Central Government and the rest by the State Bar Council.
Similarly, the Central Government provide some insurance scheme for the advocates. Central Government should also bring some loan facility for the needy Advocates at reasonable rate of interest.
Presumption as to coercion in case public servant obtaining privileged communication from the legal practitioners - Section 12 of the bill states that if any public servant have confidential material or communication which can be shown to be obtained from Advocates or other legal practitioner and found that it is useful in the investigation, it shall be assumed to have been acquired by coercion by such public servants.
Conclusion
With increasing crime and demand for legal aid, laws which can protect advocates and create a safer environment for them to perform their duties are needed. The Advocate Protection Bill of 2021 can be very helpful In this regard. A committee after analysis and investigating every aspect drafted this bill with great care.
The Bill is made after the relevant events of assault, criminal force, harassment, and threats are directed towards Advocates. The threats of false prosecution by opposite side, which interfere with the performance of Advocate’s duty and interfering with administration of justice itself one of the many reasons for introduction of this bill.
Bar Council of India will be evaluating through suggestions that they received and will be incorporating any of the required suggestions to the bill. The final draft of the bill will be given to the Ministry of Law and Justice and it will be further presented by them in the Parliament.
The Bill should be transformed into and Act and implemented to the whole of India. It will provide safeguard and give protection to Advocates from criminal charges and help them to do their duties without worrying of getting harmed in any manner while performing their duties.