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COLUMNSTRENDING STORIES
Advocate Protection Act: Save the Saviours of Law
ByLaw Trend
January 2, 2021 11:21 AM
Lawyers are the most indispensable part of any Judicial System, they are
officers of the Court and help in administration of justice in society.
Cases of assault on Advocates have increased exponentially in the recent

past and most recent example is the brutal police assault on advocates in
Hapur District of Uttar Pradesh.
The Lawyers in the State are on strike for more than 12 days and
demanding stern action against the Police Officials, accused of atrocities
on Lawyers in Hapur.
In the present scenario, there is no “Advocate Protection Act” for Lawyers

in India, But the Rajasthan Government, after long protest/strike of
lawyers, brought Advocate Protection Act in the state through special
session of the assembly.
At various occasions, the Bar Council of India, as well as several Bar

Associations, have requested the Central Government and respective
State Governments to enact a law for the protection of Advocates.
Why Advocate Protection Act is Required?

A fearless and strong Bar is the bedrock of the administration of justice in
society. Therefore, a legislative framework for the protection of Advocates
is need of the hour, so that lawyers can carry out their duties without any
fear.
Several states in India have passed legislation for protection of Doctors

and Hospitals. For example in Uttar Pradesh, the “UP Medicare Service
Persons and Medicare Service Institutions (Prevention of Violence and
Damage to Property) Act 2013 has been enacted.
Under this law, an act of committing violence against a medicare service
person or causing damage to property of medicare Institution is
punishable with imprisonment upto 3 years or fine upto 50 thousand
rupees.
The offences under the act are cognizable and non-bailable. In addition to
the punishment, the court may also award damages for the loss caused to
property.
Though the Medical Professionals are also not happy with the provisions
of Act and are continuously demanding stricter provisions for protection
of Medical Practitioners.
Considering the nature of public service given by the Lawyers and risk
involve in it, no doubt a comprehensive law for protection of lawyers
should be enacted.
Section 197 of the Code of Criminal Procedure protects the Judges and
Public Servants from criminal prosecution for acts done in the course of
discharge of professional duty. But on the contrary the Advocates who
are also inseparable part of the Judicial System, have no protection under
the law.
In most cases, the lawyers face assault due to cases they take up, but
there are no explicit provisions to protect advocates. Lack of laws
compels a lawyer to avoid taking up cases where they fear for their lives
or where the accused are rapists, terrorists etc. as they receive flack from
the public.
Due to lack of laws to protect Advocates, sometimes certain parties like

terrorists, rapists etc. fail to get a lawyer. And if the situation is not
correcte soon, then lawyers might think twice before taking up a case of
certain parties accused of heinous crimes.
Advocates Protection Bill 2021

The Advocates Protection Bill 2021, released by the Bar Council of India on
2nd July 2021, aims to safeguard advocates and their families from
various adversities they face while discharging their professional duties.
The bill has been formulated by a seven-member committee, taking into
consideration the challenges encountered by advocates in the
performance of their duties.
The primary objective of the bill is to ensure the protection of advocates

and remove any impediments that hinder their work. It also seeks to
implement the Basic Principles on the Role of Lawyers, which was
adopted during the 8th United Nations Congress on Prevention of Crime
and Treatment of Offenders in 1990. This declaration emphasizes that
governments should protect lawyers and enable them to carry out their
duties.
One of the key reasons for the bill is the increasing incidents of assault,
kidnapping, intimidation, and threats faced by advocates. It highlights the
need for adequate safeguards by the authorities when the security of
lawyers is compromised due to their professional obligations. The bill also
aims to provide social security and the basic necessities of life to
advocates.
The draft bill identifies 16 sections to address its objectives. It defines

“advocate” as per the Advocates Act, 1961 and also outlines the various
acts of violence that can be committed against advocates. These acts
include threats, harassment, coercion, assault, malicious prosecution, and
damage to property. Such offenses are deemed cognizable and non-
bailable.
Punishments for these offenses range from six months to five years, with
subsequent offenses attracting penalties of up to ten years. Fines can
range from Rs.50,000 to Rs.10 lakhs. Additionally, the bill empowers
courts to award compensation to advocates who have suffered wrongs.
The bill proposes that investigations of these offenses must be conducted

by officers above the rank of Superintendent of Police and completed
within 30 days of the FIR registration. It also recommends police
protection for advocates, subject to proper court investigation.
A significant provision in the bill is the establishment of a redressal

committee at each level, including the district, high court, and supreme
court. These committees, headed by the judiciary at their respective
levels, will address the grievances of advocates and bar associations. The
president of the Bar Council will also attend these committee meetings as
a special invitee.
The bill also seeks to protect advocates from suits and ensures the
confidentiality of communications between advocates and their
clients. It stipulates that no police officer should arrest or
investigate an advocate without the specific order of the Chief
Judicial Magistrate. If an FIR is filed against an advocate based on
malicious reasons, the Chief Judicial Magistrate may grant bail
after a preliminary inquiry.
Furthermore, the bill proposes the provision of social security for

advocates. It mandates that both the state and central governments
should provide financial assistance to needy advocates in unforeseen
circumstances such as natural disasters or epidemics, with a minimum of
Rs.15,000 per month.
In cases where a public servant is found in possession of or using

privileged communication or material obtained from an advocate during
an investigation, it will be presumed that coercion was involved, as stated
in section 12 of the bill.
Overall, the Advocates Protection Bill 2021 aims to protect advocates and
their families, provide social security, and ensure the effective and
unhindered delivery of legal services. It addresses the various challenges
faced by advocates and seeks to implement international principles
emphasizing the crucial role of lawyers in society.
International Recognition
In the 35th Session (June 2017) of the Human Rights Council of United
Nations, a resolution has been adopted for protection of judges, lawyers,
prosecutors and other officials, dealing with human rights. (Click here to
read Resolution)
Clause 1 of the Resolution provides:

Calls upon all States to guarantee the independence of judges and
lawyers and the objectivity and impartiality of prosecutors, as well
as their ability to perform their functions accordingly, including by
taking effective legislative, law enforcement and other appropriate
measures that will enable them to carry out their professional
functions without interference, harassment, threats or intimidation
of any kind;
Clause 7 provides
Emphasizes that lawyers should be enabled to discharge their

functions freely, independently and without any fear of reprisal;
Clause 9 and 10 says:
9. Condemns all acts of violence, intimidation or reprisal, from any

quarter and for any reason, against judges, prosecutors and
lawyers, and reminds States of their duty to uphold the integrity of
judges, prosecutors and lawyers and to protect them, as well as
their families and professional associates, against all forms of
violence, threat, retaliation, intimidation and harassment, whether
from State authorities or non-State actors, resulting from the
discharging of their functions, and to condemn such acts and bring
the perpetrators to justice;
10. Expresses its deep concern about the significant number of

attacks against lawyers and instances of arbitrary or unlawful
interference with or restrictions to the free practice of their
profession, and calls upon States to ensure that any attacks or
interference of any sort against lawyers are promptly, thoroughly
and impartially investigated and that perpetrators are held
accountable;
So, from the above it is apparent that even Internationally Organizations

recognize this problem, and therefore the Government of India has no
hindrance in bringing such a law.
In 2015 Mónica Pinto was appointed as UN Special Rapporteur on the
Independence of Judges and Lawyers. She wrote a report “Human Rights
Lawyers at Risk” in which she has dealt with the issue of protection of
lawyers for ensuring Rule of Law in society.
Report recommends to provide guarantees, immunities and protection to

lawyers and Judges for ensuring a free and independent judicial system.
Therefore, that the Centre and State government should bring Advocate
Protection Act to protect Advocates. While some state governments have
given their approval for the new act but its implementation has not
started yet.
Author:
Rajat Rajan Singh
Editor-in-Chief at Law Trend
AND
Advocate, Allahabad High Court Lucknow
 TAGS
 Advocate Protection Act
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Cases of assault on Advocates have increased exponentially in the recent

In the present scenario, there is no “Advocate Protection Act” for Lawyers

At various occasions, the Bar Council of India, as well as several Bar

Why Advocate Protection Act is Required?

Several states in India have passed legislation for protection of Doctors

Due to lack of laws to protect Advocates, sometimes certain parties like

Advocates Protection Bill 2021

The primary objective of the bill is to ensure the protection of advocates

The draft bill identifies 16 sections to address its objectives. It defines

The bill proposes that investigations of these offenses must be conducted

A significant provision in the bill is the establishment of a redressal

Furthermore, the bill proposes the provision of social security for

In cases where a public servant is found in possession of or using

Clause 1 of the Resolution provides:

Emphasizes that lawyers should be enabled to discharge their

Clause 9 and 10 says:

9. Condemns all acts of violence, intimidation or reprisal, from any

10. Expresses its deep concern about the significant number of

So, from the above it is apparent that even Internationally Organizations

Report recommends to provide guarantees, immunities and protection to

Accused in jail threatening witnesses strikes at core of witness

SC Data Now Available on National Judicial Data Grid: CJI

INDIA to BHARAT: How BHARAT Became INDIA? How Constituent

तीन व्यक्तियों के लिए ₹4000 का भरण-पोषण अनुचित है : कलकत्ता हाईकोर्ट

SC Data Now Available on National Judicial Data Grid: CJI

(C) Rabhyaa-Rabhav Corporate Pvt Ltd 2023

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