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Rajasthan Advocates Protection Bill

Rajasthan Advocates Protection Bill

Introduction

The idea for the Bill came after two individuals stabbed Jodhpur-based attorney Jugraj Chauhan on February 18 in broad daylight. Advocates for many state courts called for a walkout and an ongoing boycott of judicial labor after the incident. They urged the creation of a statute to safeguard advocates and their families. The Rajasthan High Court took suo-moto notice of the lawyers' strike on February 28. In a follow-up statement, the court reaffirmed that any attempt to prevent a lawyer or litigant from approaching the court or from appearing in person to present their case will be treated severely. The Bar Council of India (BCI) requested in a letter to Rajasthan Chief Minister Ashok Gehlot on March 4 that a law for the protection of attorneys be drafted as soon as possible. The BCI requested in its statement that the strike be called off and informed of its submission of the draught of the Advocates Protection Law to the Union Ministry of Law in 2021 by the Rajasthan Bar Council. In support of this, the BCI announced that it will remind Kiren Rijiju, the Union Law Minister, to make a judgment on the situation as soon as possible, according to PTI.

What is the Bill?

The Rajasthan government presented the Rajasthan Advocates Protection Bill, 2023, to the state legislative body on March 16. The legislation intends to stop crimes against advocates such as assault, serious bodily harm, criminal force, and criminal intimidation, as well as losses or damages to their property. The Bill was created in response to the rising acts of violence and unfounded accusations made against advocates, which worsened law and order and slowed the legal process down.

Who may seek protection?

"Advocates" in the State of Rajasthan are covered by the Rajasthan Advocates Protection Bill, 2023. The Advocates Act of 1961, which defines an advocate as "an advocate engaged in any function under the terms of this Act," gives the term "advocate" the same meaning throughout the Bill.

The objective of the Bill

The Bill's goal is to pass legislation that effectively forbids rising violence and unfounded accusations against advocates in the state. It attempts to give police security to advocates while taking actions against them punishable within the state of Rajasthan. A person who is appointed to any position under the terms of the 1961 Advocates Act is referred to as an advocate in the Bill. The first State in India to enact legislation protecting attorneys was Rajasthan.

Following its introduction in the assembly last week, the Rajasthan Advocates Protection Bill was approved by the state legislature in a voice vote. The Bill intends to stop crimes against advocates such as assault, serious bodily injury, criminal force, criminal intimidation, and loss or damage to their property.

Relevant Sections under the Bill

According to Section 3 of the Bill, any act of assault, severe bodily harm, criminal force, or criminal intimidation committed against an advocate will be regarded as a violation of the Act if it is related to the advocate's performance of their duties inside a courtroom.

According to Section 4, if an advocate reports an act as described in Section 3 to the police, the police must, if they feel it necessary, offer that advocate protection.

The Act's offenses are punished according to Section 5.

  • Assault or use of unlawful force against the advocate is punishable under Section 5(1) by up to two years in prison and a fine of up to 25,000.

  • The act of intentionally causing great bodily harm to an advocate is punishable under Section 5(2) by up to seven years in prison and a fine of up to 50,000.

  • Criminal intimidation against an advocate is a crime punishable by up to two years in jail and a fine of up to 10,000, according to Section 5(3).

Compensation and Damages

When a court imposes a fine or another penalty that includes a fine, Section 8 of the Bill gives remuneration to the attorneys. In addition to the punishment outlined in Section 5, Section 10 says that the offender shall also be responsible for paying for any loss or damage made to an advocate's property, as the court may judge. The criminal will also be responsible for covering the advocate's medical costs.

Charges Against Advocates

According to Section 9 of the Bill, if a report of a cognizable offense is obtained from their client or an opposite client against an act the advocate performed while doing their professional duties, the advocate may be prosecuted. Only after a seven-day investigation has been completed by a police officer with at least the level of Deputy Superintendent of Police may the complaint be filed.

Any Act-related offense must be cognizable, according to Section 6, meaning that the investigating authority may detain the accused without a warrant. Misuse of the Act's provisions is punishable under Section 11 with up to two years in jail.

An advocate faces a maximum 3-year sentence in prison, with or without a fine, if they violate this Act's provisions, utilize them maliciously, or file a false complaint.

The first-of-its-kind bill in the nation, the Rajasthan Advocates Protection Bill 2023, was approved by the legislature on Tuesday. Attorneys have long called for the Act and have been boycotting courts for the past 32 days as a result of many attacks on their colleagues.

The "violence on court grounds" provision was removed from the bill, and the sentence for attorneys who violate the Act has been lowered from three years to two years.

Shanti Dhariwal, the minister of law and justice, claimed that Rajasthan is the first state to pass legislation protecting attorneys. He said that the state government annually donates Rs 5 crore to the Bar Council for the benefit of legal professionals. He explained to the House that Bill's provisions were created after extensive consultation with advocates.

The Rajasthan government was recently encouraged to draught a law protecting advocates and their families by the Bar Council of India (BCI). This was in response to the brutal killing of a lawyer in the State in broad daylight and the ensuing lawyer strike.

Conclusion

The Advocates Protection Bill, intended to give security and safety to attorneys in the state, was recently approved by the Rajasthan Legislature. The goal of the bill is to create a setting where lawyers can practice their profession without fear of intimidation or harassment.

Any act of violence or threat made against a lawyer or their property would be regarded as a criminal offense under these laws. A key step towards improving the security and protection of attorneys in Rajasthan is the Advocates Protection Bill. It is anticipated that it will increase attorneys' self-assurance and motivate them to act bravely on behalf of their clients and the judicial system.

To protect the rights of attorneys and defend the rule of law, other states should follow the Rajasthan Assembly's lead and implement similar measures.

Author:

Archita Sharma
Kanpur
Archita Sharma, IV year BA.LLB (Hons.) student from PSIT College of Law


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