Adv Aysha Sahla K P, Senior Associate, Alishahz Legal LLP
Introduction:
The Rajasthan Advocates Protection Bill, 2023, was introduced by the Rajasthan government in the state legislative assembly on March 16th, 2023. The Bill aims to prevent offenses against advocates, providing police protection to advocates and making offenses against them cognizable in the State of Rajasthan. In this article, we provide a comprehensive overview of the Bill, including its background, objectives, penalties, compensation and damages, and prosecution of advocates.
Background:
The proposal for the Bill came in the wake of a violent incident that occurred on February 18, when a Jodhpur-based lawyer was stabbed by two men in broad daylight. Advocates from several courts in the state called for a strike and demanded a law for the protection of advocates and their families. On February 28, the Rajasthan High Court took suo-moto cognizance of the strike and warned against any attempts to obstruct lawyers or litigants from entering the court.
Objectives:
The Rajasthan Advocates Protection Bill, 2023 seeks to enact an effective law that prohibits increasing violence and false implications against advocates in the state of Rajasthan. The objective of the Bill is to prevent such offenses, which result in the deterioration of law and order and delay in the justice system. The Bill defines an advocate as someone who is entered on any role under the provisions of the Advocates Act, 1961 and aims to make such offenses cognizable in the territory of Rajasthan.
Penalties:
The Bill provides for specific penalties for offenses against advocates, which includes a maximum of two years imprisonment and a fine of up to Rs 25,000 for assault or criminal force against an advocate under Section 5(1). For voluntarily causing grievous hurt to an advocate, Section 5(2) provides for a maximum of seven years imprisonment and a fine of up to Rs 50,000. Section 5(3) punishes the voluntary commission of the offense of criminal intimidation against an advocate with a maximum of two years imprisonment and a fine of up to Rs 10,000.
Compensation and Damages:
The Bill provides for compensation to advocates when a court imposes a sentence of fine or any other sentence of which fine forms a part, as per Section 8. Additionally, Section 10 states that the offender shall also be liable to pay for the loss or damage caused to an advocate’s property, as may be determined by the court. The offender will also be liable to reimburse the medical expenses incurred by an advocate.
Prosecution of Advocates:
Under Section 9 of the Bill, advocates can be prosecuted if a report of cognizable offense is received from their client or opposing client against an act done by the advocate during the discharge of their professional duties. The complaint may be registered only after an inquiry has been conducted by a police officer not below the rank of Deputy Superintendent of Police within seven days.
Conclusion:
This Bill seems to be aimed at providing protection to advocates from violence and false allegations against them, which can result in delays in the justice system. The penalties for offenses against advocates are severe, including imprisonment and fines, and there are provisions for compensation and damages to be paid to advocates for any loss or damage caused to them or their property. It is interesting to note that advocates can also be prosecuted if a report of a cognizable offense is received from their client or opposing client against an act done by the advocate during the discharge of their professional duties. This seems to be a significant step towards ensuring the safety and well-being of advocates in Rajasthan.