By Khushi Agarwal
Recently, a notice was released by the Bar Council of India on 10 June 2021 where it was announced that a 7 member committee was constituted for the purpose of drafting Advocate Protection Bill.
The notice had asked for suggestions in the draft provided by the committee from all the stakeholders after which be given to the Ministry of Law and Justice for presenting it before the Parliament.
The step was taken in view of the rising crimes against the Advocates due to which they are being stopped from performing their duties. Like Police and Judiciary, Advocates fraternity is also a very important part of delivering justice to the citizens.
But despite this fact, both Police and Judiciary have been given the protection and privileges but not the Advocates. There are no laws for the protection of Advocates and therefore, this is a reason that we are seeing a high rise in assault, killing and illegal detention of the Advocates.
Thus, this article explains the need of this Bill and how it will affect the current situation.
Why is such an Act required?
There have been a lot of incidents recently where Advocates have been kidnapped, assaulted, threatened, etc. All these activities are taking place in order to stop them from discharging their duties.
Few days back, a cyclist was booked for attacking a 41-year-old corporate lawyer on Pune-Bengaluru Highway[1]. Two lawyers who were meeting with their clients were brutally attacked with swords by a mob of around 20 people[2].
In October 2020, three people were arrested for kidnapping and killing a Lawyer and thereafter, dumping his body in forest in Pune[3].
All such activities have caused fear in the minds of the Advocates due to which they are not able to properly perform their duties and the result is that the delivery of Justice is reducing.
Therefore, to reduce such incidents and to help Advocates discharge their duties, this Bill has been made. It has also been made to provide basic necessities to the Advocates in times of need.
This Bill has also been made in accordance with the 8th United Nations Congress on the Prevention of the Crime and Treatment of the Offenders, Havana, Cuba which held from 27th August to 7th September, 1990. India was a participant to this Congress and had adopted ‘Basic Principles on the Role of Lawyers’.
Due to all the above reasons, the Council has decided to bring a law for the protection of Advocates. It also emphasized for social security other than the physical protection and illegal arrest and detention.
What are the key features of the Bill?
There are total 16 Sections in the Bill.
According to Section 1, the Bill will be known as Advocates (Protection) Bill, 2021 which will be applicable to the whole India. After the Bill will became an Act, that is, when the Bill will get both Parliament’s and President’s assent, it will be enforced when Central Government will appoint to do so.
Section 2 provides for definitions of various important terms. ‘Advocate’ has been defined as same as provided under Section 2(1)(a) of the Advocates Act, 1961, that is, an Advocate entered in any roll under the provision The Advocate Act 1961.
‘Act of Violence’ has also been defined under the same Section as any act committed against an Advocate by any person with intent to disrupt or prejudice the proceedings in an impartial, fair or fearless way.
This may include any harassment, threat, coercion, assault, etc which can have an impact on the living or working conditions of the Advocate and can stop them from performing their duties.
These acts of violence extend to the families of Advocates and also to any property or documents which an Advocate under law is required to hold.
All the offences under Section 3, will be cognizable offences, that is, a person who committed the offence can be arrested without warrant. Also, they will be non-bailable as per Section 5(1).
Section 6 of the Bill makes the compounding of the offences clear. This means that with the permission of the court, the offences can be settled outside the courts between both the parties by compounding.
Punishment and Compensation
What will happen if an ‘act of violence’ is committed against the Advocate? Will that person be punished? Will the Advocate against whom such act is committed get any compensation?
The answer to all these questions lies in Section 3 and 4 of the Bill. Section 3 deals with the punishment while Section 4 talks about compensation.
According to Section 3(1) of the Bill, any person who commits or even abets the act of violence against an Advocate, will be punished with imprisonment which will be not less than six months but may extend to five years.
Fine for the offence may range from fifty thousand to one lakh rupees depending upon the gravity of the offence.
However, according to Section 3(2) of the Bill, when any person who have already committed the act but commits it again for the second time or subsequently commits it, will be punished with imprisonment ranging from two years to ten years and with fine which can be more than ten lakh rupees but not less than it.
If an offence has been committed, the person guilty will have to provide for compensation also in addition to the punishment under Section 3. The amount of compensation shall be determined by the court depending upon the case.
However, as per Section 4(3), if damage is caused to any property, the amount of compensation will be twice the market value of that damaged property, notwithstanding compounding under Section 6.
Also, upon the failure to compensate under Section 4(1) and 4(2), Section 4(4) provides that amount will be recovered as arrear of land revenue under Revenue Recovery Act, 1890.
Jurisdiction
When a case has been registered under Section 3 of the Bill, it can only be investigated by the Police officer who is not less than the rank of Deputy Superintendent of Police (DSP) and also the investigation has to be mandatorily finished within thirty days from the day on which First Information Report (FIR) under Section 154 of the Indian Penal Code, 1860 has been registered, as per Section 5(2) and 5(3) respectively.
Matter cannot be taken in the Courts which are inferior to the rank of District and Sessions Judge, according to Section 5(4).
Section 5(5) makes it clear that adjournment cannot be given unless necessary and all the witnesses present are to be examined continuously from day to day.
The Section also provides that if in case the trial has not been completed within the said period, then the time period can be extended but not more than six months and the reasons for non-completion have to be recorded by the judge.
Social Security of Advocates
This Advocates (Protection) Bill, 2021 recognizes social security of Advocates also and has made provisions for the same under Section 15. According to it, financial help can be provided to Advocates in need by the Central Government and also by the State Government during unforeseen times such as epidemic or any other natural calamities.
Till the end of the epidemic or any other natural calamity, minimum amount of Rs. 15,000 may be provided to Advocates in need by the Local District Magistrate or District Court on recommendation of the State Bar Council.
Total help provided will be borne 50% by the Central Government and rest 50% by the State Bar Council. Also, besides this, the Central Government may provide for some insurance schemes.
The Central Government also has the power to provide loan facility to such Advocates. It may through circular direct Public Sector Undertakings and Scheduled Banks to provide loans at reasonable interest rates.
Other than these, other Sections provide for Police protection, constitution of Redressal committee for grievances, protection from illegal arrest and malicious prosecution of Advocates, etc.
Police protection can be provided to Advocates whom the court thinks is or can be the victim of any of the offence under Section 2 of the Bill. The duration of such protection will be determined by the courts. This Protection has been provided under Section 7 of the Bill.
Conclusion
There was a big requirement of a law which deals and can provide protection to the Advocates of the Country as crimes against them are rising on a very high level.
They are the link between the Police and the Judiciary and are the once who argue in front of the Judges to provide Justice to the citizens.
Advocates (Protection) Bill, 2021 can help a lot with this respect. The draft of this Bill has been made very carefully by the committee of experts after studying and researching every important aspect. It has discussed and deliberated all the important issues affecting the Advocates fraternity.
Therefore, to conclude, this Bill must be made an Act and must be made applicable to the whole India to protect and save our Advocates from the offences committed against them and to help them to perform their duties without any fear.
Reference
- Cyclist booked for attacking lawyer in road rage incident on Pune-Bengaluru Highway available at: /timesofindia.indiatimes.com (last visited on 20 July 2021) ↑
- Lawyers attacked with swords on busy Dahisar road in daylight available at: timesofindia.indiatimes.com (last visited on 20 July 2021) ↑
- 3 held for kidnapping, killing lawyer available at: timesofindia.indiatimes.com (last visited on 20 July 2021)↑