Introduction
The Bar Council of India has constituted a draft called the Advocates Protection Bill for the protection and functioning of the professional duties of the advocates and extends to the whole of India. The bill has been made keeping in mind the various limitations and challenges faced by advocates and their family member while performing their duties. This includes harassment, police investigation intimidation, illegal arrest, malicious prosecution and frivolous litigation. The bill also guarantees increased punishment, police protection in cases of threats, permission from judicial magistrate for any investigation or arrest and fast track trial.
Objectives of the bill
- To enable the Advocates to practice their occupation without the fear of assault, killings, intimidation which has reached to alarming heights in the country.
- This legislation will ensure social security as well as basic necessities of their lives which are usually violated by rival parties and face threat of malicious prosecution.
Punishments for Offence
Any person who commits or abets to commit an action of violence except grievous hurt against an advocate shall be punishable:
- Imprisonment of not less than six months extending to five years. If a person has been convicted for the same offence, second time, the imprisonment shall be not less than two years which may extend to ten years.
- Fine not less than fifty thousand to one lakh depending on the offence committed. If a person has been convicted for the same offence, second time, the fine shall be not less than ten lakhs depending upon the gravity of offence.
The offence is cognizable and non-bailable. The investigation of any cases under this shall be carried out by a police officer not below the rank of Deputy Superintendent of Police. Within 30 days of FIR, the investigation shall be completed. No courts inferiors to the Sessions and District Court shall try these offences. The trial should be completed within a period of one year and if it fails to do so, an additional six months is provided.
Social Security
The Advocate shall be entitled to Police Protection after making an application before the High Court. The Court shall scrutinise the Advocate and decide the duration of protection as deems fit. No legal proceeding or prosecution shall lie against any advocate for conducting their duties. The relationship between advocates and clients shall be confidential. The State and Central Government shall bear the security costs equally.
During any epidermic the central government as well as state government shall provide advocates with minimum amount of 15,000/- every month in cases of natural calamities or epidermic. The central government may provide insurance and medi-claim scheme for advocates.
Redressal
The Central or State Government shall constitute a Grievance Redressal committee at every level consisting of head of judiciary at that level. The president of the concerned Bar Association shall be special invitee in the meetings of the committee. Other advocates and judges shall also be invited to these meetings fixed by the chairperson of the committee. The District Judge, Chief Justice of High Court or his nominee and Chief Justice of Supreme Court or his nominee shall be the chairperson of their respective committees.
Protection of Advocates
The Police officer cannot arrest or investigate an advocate without an order from the Chief Judicial Magistrate. The Chief Judicial Magistrate shall carry out the enquiry with help of police in any information against an advocate. Any person who has initiated a vexatious proceeding against an advocate is liable to pay compensation not less than Rs. 200000/- extending to Rs. 1000000/- as the determined by the court.
If any public servant obtains privileged information from advocate under the garb of Chapter XII of the Code of Criminal Procedure, 1973, such communication is said to obtained by coercion. This means any information or investigation cannot be carried out without informing the advocate about matter in detail.
Conclusion
Advocates under this bill holds the same meaning according to the section 2(1)(a) of the Advocates Act, 1961. The bill shall come into force on date as the central governments may appoint. This bill shall provide the social, financial and judicial assistance to the advocates. The Advocate fraternity is one of the most essential wings in the justice delivery system.
References
press-release-dated-02072020-regarding-advocate-protection-bill-english-395933.pdf (livelaw.in)
Article by Ms. Shephali Jha in July, 2021 while interning at the Chambers of Advocate Shankarlal Raheja.
Disclaimer: The views herein are personal and while careful attention has been given to ensure that the information is accurate the author assumes no liability or responsibility for any reliance thereon. This article is merely an information-sharing activity and is not a substitute for legal advice. It must be noted that we shall not be liable for any loss or damage caused due to any reliance thereof.
