Yesterday, the State of Rajasthan introduced Advocates Protection Bill in the Lower House of India. The main objective of the Bill is to give Protection from offences like assault, grievous hurt, criminal force, and criminal intimidation against the advocates and damage or loss to their property.
If any person causes any grievous hurt to an advocate, the bill proposes a maximum imprisonment of seven years and a fine of ₹50,000. Whereas in case of assault on a lawyer, the maximum punishment will be imprisonment of two years and a fine of ₹25,000.
Further, in cases of criminal force and intimidation against a lawyer, a maximum punishment of two years has been proposed in the bill.
As per Sections 6 and 7, All the offences under the bill have been made cognizable. Additionally, If any person do an offence, s/he can be made liable to reimburse the medical expenses incurred by the such advocate as may be determined by the Court.
In an attempt to provide more safety to the advocates, the bill under Section 4 proposes that the police may, if deems fit, provide protection to an advocate if any report is made to the police by an advocate with respect to any offence against him. The bill also proposes to punish an advocate who misuses the provision of this Act or uses the same for malicious purposes or makes a false complaint under the bill with imprisonment up to three years, or with a fine or both.
The bill also proposes that if a report of cognizable offence is received from the client or opposite client against the advocate for the act done, during the discharge of his professional duties, the same may be registered only after an inquiry by the police officer not below the rank of Deputy Superintendent of Police, which shall be completed within a maximum period of seven days and if a case is registered, written information of the same be sent to the Bar Council of Rajasthan (Section 9).
Soon after the bill was tabled in the State Assembly, the State Bar Council wrote to the CM of the state informing him that it has received several representations from the advocates of the state, including the bar associations seeking amendments to Sections 3, 4, 6 and 9 of the bill.
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