The Rajasthan Advocates Protection Bill has been introduced for the protection of advocates from assault and grievous hurt. The Advocates Protection Bill was tabled in the State legislative assembly last week and passed with certain amendments, by voice vote.
The Bill provides provisions for the prevention of offences against advocates, such as assault, grievous hurt, criminal force, and criminal intimidation, along with damage or loss to their property. The objective of the Bill is to prohibit increasing “violence” and “false implications” against advocates in the state, resulting in the “deterioration of law and order” and “delay in the justice system” by enacting an effective law that makes such offences cognizable in the territory of Rajasthan.
The bill proposes a maximum imprisonment of seven years and a fine of ₹50,000 for causing grievous hurt to an advocate. 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.
The Bill aims to provide police protection to an advocate, based on a report made to the police, for the commission of offences against him, as defined in Section 3. However, protection can only be given if the police deem it fit.
Section 5(3) punishes the voluntary commission of the offence of criminal intimidation against an advocate with a maximum of two years imprisonment and a fine of up to Rs 10,000. However, if the threat is intended to cause death, grievous hurt, destruction of any property by fire, or constitutes an offence punishable with death or life imprisonment, then the punishment can extend to seven years with a fine of up to Rs 20,000.
All the offences under the bill have been made cognizable, as well as compoundable under Sections 6 and 7. Compoundable offences are those which can be conciliated by the parties under dispute, without requiring the permission of the court. The bill proposes to punish an advocate who misuses the provision of the Act or uses the same for malicious purposes or makes a false complaint under the Act, they can face imprisonment for up to 3 years, with or without a fine.
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