The state of Rajasthan has passed a bill that guarantees the safety of lawyers and advocates who practice in the state, making it the first state in India to do so.
From draft to law
On March 21, 2023, the state assembly of Rajasthan passed a bill known as the Advocates Protection Act 2023, which will soon become an act under the same name.
This decision was made in response to a request from the Bar Council of India (BCI) to ensure the safety of lawyers and advocates.
Backdrop
The need for the bill arose after an advocate was brutally murdered in Jodhpur, leading to a strike by lawyers in Jaipur.
The Rajasthan Assembly passed the bill through a voice vote, which was introduced last week, to ensure the safety and protection of lawyers.
Its purpose is to safeguard lawyers from assault, criminal force, intimidation, and grievous hurt. The bill also covers any damage or loss to their property.
Section 3
Under the Act, any act of assault, criminal force, grievous hurt, or criminal intimidation against an advocate in connection with their duties in court premises will be considered an offense.
Section 4
In the event that an advocate reports any of the acts listed in Section 3 to the police, the police will provide protection to the lawyer if they deem it necessary.
Section 5
5(1) – If an advocate is subject to assault or criminal force, the offender can face a maximum of two years imprisonment and a fine of up to ₹25,000.
5(2) – If an advocate is subject to grievous hurt caused voluntarily, the offender can face a maximum of seven years imprisonment and a fine of up to ₹50,000.
5(3) – If an advocate is subject to criminal intimidation committed voluntarily, the offender can face a maximum of two years imprisonment and a fine of up to ₹10,000.
Section 6
The bill has made all offenses under it cognizable, meaning the police can make an arrest without a warrant or prior permission of the court.
Section 11
Misuse of any provisions of the act can result in punishment for up to 2 years of imprisonment.
