The Rajasthan State Legislature has passed the Rajasthan Advocates Protection Bill, making it the first state in India to pass a law for the protection of lawyers. The passing of this bill is a significant step towards ensuring the safety and security of lawyers in the state of Rajasthan. The Bill aims to prevent offences such as assault, grievous hurt, criminal force, and criminal intimidation against advocates and damage or loss to their property.
One of the key provisions of the bill is Section 3, which states that 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. This provision ensures that lawyers are protected while they are discharging their duties in court.
Another important provision is Section 4, which states that if an advocate complains to the police about such an act as mentioned in Section 3, the police shall, if it deems fit, provide protection to such advocate. This provision is crucial as it ensures that the police can take action immediately and provide protection to the advocate.
Section 5 of the Bill prescribes punishment for the offences under the Act. It punishes assault or criminal force against an advocate with a maximum of two years imprisonment, along with a fine of up to ₹25,000. The act of voluntarily causing grievous hurt to an advocate is punishable with a maximum of seven years imprisonment and a fine of up to ₹50,000. The voluntary commission of the offence of criminal intimidation against an advocate is punishable with a maximum of two years imprisonment and a fine of up to ₹10,000.
Section 6 of the Bill states that any offence under the Act shall be cognizable, meaning that an accused can be arrested by the investigating authority without a warrant. This provision ensures that the police can take immediate action against the offender and ensure the safety of the advocate.
Lastly, Section 11 penalises the misuse of the provisions of the Act, which would be punishable by up to 2 years imprisonment. This provision ensures that the provisions of the Act are not misused and that there is proper implementation of the law.
The passing of the Rajasthan Advocates Protection Bill is a significant step towards ensuring the safety and security of lawyers in the state of Rajasthan. The Bill provides important provisions such as punishment for offences, protection to the advocates, and the cognizable nature of the offence. This new law is expected to help build trust among advocates and the public towards the legal system and ensure the safety of lawyers while they discharge their duties.
- Rajasthan Becomes First State to Enact Advocates Protection Law – Law Trend
- Rajasthan Advocates Protection Bill, 2023 – GKToday
- Rajasthan govt tables Bill to protect advocates: Why it was introduced, what it says | Explained News,The Indian Express
Lecturer, IPL. (Integrated Programme in Law)
Indian Institute of Management, Rohtak