Rajasthan becomes the first state to pass Advocates Protection Bill for lawyers’ safety

Rajasthan becomes the first state to pass Advocates Protection Bill for lawyers’ safety

Aims to prevent offences of assault, grievous hurt, criminal force, criminal intimidation, and damage or loss to their property

The Rajasthan State Legislature has passed the Advocates Protection Bill by voice vote after it was tabled in the assembly recently. The state becomes the first to consider protection for legal practitioners.

In the recent past, the Bar Council of India (BCI) had urged the Rajasthan government to pass a law for the protection of advocates and their families. This was after the gruesome murder of a lawyer in the state in broad daylight. Consequently, the lawyers had gone on strike.

Under the Act:

Section 3 states any act of assault, grievous hurt, criminal force and intimidation against an advocate will 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 states if an advocate complains to the police about such an act (as mentioned in Section 3), the police shall, if it deems fit, provide protection to the advocate.

Section 5 prescribes punishment for the offences under the Act.

Section 5(1) punishes assault or criminal force against an advocate with a maximum of two years imprisonment, along with a fine of up to Rs.25,000.

Section 5(2) punishes the act of voluntarily causing grievous hurt to an advocate with a maximum of seven years imprisonment and a fine of up to Rs.50,000.

Section 5(3) punishes the voluntary commission of the offence of criminal intimidation against an advocate with a maximum of two years imprisonment and a fine of up to Rs.10,000.

Section 6 states that any offence under the Act shall be cognizable and the accused can be arrested by the investigating authority without a warrant.

Section 11 penalizes misuse of the provisions of the Act, which would be punishable by up to two years imprisonment.