Rajasthan has made history by becoming the first state in the country to pass a law to ensure the safety of lawyers. On March 22, 2023, the Rajasthan assembly decided to pass the Advocates Protection Bill. The bill will now be implemented into an act, which will be known as the Advocate Protection Act 2023.
The Advocates Protection Bill was passed in the Rajasthan Assembly through a voice vote. The bill to ensure protection and safety of lawyers was tabled last week and now has been passed.
The aim behind the introduction and implementation of the Advocates Protection Act is to prevent lawyers from assault, grievous hurt, criminal force and intimidation. Any damage or loss to their property would also be covered by the bill.
Advocate Protection Act 2023 Key Highlights
| Section 3 | Any act of assault, grievous hurt, criminal force and criminal intimidation against an advocate will be deemed to 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 | If an advocate complains to the police regarding any act mentioned in Section 3, the police is to provide the lawyer with protection, if deemed fit. |
| Section 5 | 5(1) – Assault or criminal force against an advocate would lead to a maximum of two years imprisonment, along with a fine of up to ₹25,000. |
| 5(2) – Act of voluntarily causing grievous hurt to an advocate would lead to a maximum of seven years imprisonment and a fine of up to ₹50,000. | |
| 5(3) – Voluntary commission of the offence of criminal intimidation against an advocate would result in maximum of two years imprisonment and a fine of up to ₹10,000. | |
| Section 6 | All offences under the bill have been made cognizable. A cognizable offence enables the police to make an arrest without a warrant or prior permission of the court. |
| Section 11 | If any provisions of the act are misused, the guilty party would be punishable by upto 2 years of imprisonment. |
Bar Council of India, BCI had urged the Rajasthan Government to pass a law which guarantees the safety of lawyers and advocates.
After the brutal murder of an Advocate in Jodhpur, fellow lawyers carried out a strike in Jaipur. BCI then reached out to the State government and urged them to pass the bill while also asking the lawyers to call off their strike.
