ADVOCATES (PROTECTION) BILL, 2021

The legal system of any country is comprised of both bar and bench. The police force, judiciary and advocates maintain the legal system of a country; advocate is a connecting link between the judiciary and police. In India, the judiciary and police are protected by legislations for impartial and fearless disposal of their duties, however, no such protection has been granted to the advocates. The increase in number of incidents of killing, threat, assault on advocates led to the consideration of long raised demand of Advocate's Protection Act and hence the present Bill. In July 2021, the Bar Council of India formed the committee of 7 members for drafting of Advocate's Protection Bill. The committee requested recommendations from all the State Bar Councils and hence drafted the current Bill which is subject to approval by Parliament. The purpose of the Bill is to protect the advocates from the threat, killings, coercion, violence which thereby hinders in discharge of their duties. The Bill also passes reference to the financial security to the advocates during natural calamities and epidemic. The provisions of the Bill are in consonance with clause 16 to 18 of Eighth United Nations Congress on the Prevention of Crime and Treatment of Offenders, Havana, Cuba Declaration, 1990 to which India was a participant where it adopted "Basic Principles on Role of Lawyers". Furthermore, this Bill is an enforcement of Supreme Court's judgment in Ramon Services Pvt Ltd. v. Subbash Kapoor AIR 2001 SC 207 wherein it held that "the persons belonging to the legal profession are concededly the elite of the society. They have always been in the vanguard of progress and development of not only law but the polity as a whole. Citizenry looks at them with hope and expectation for traversing on new paths and virgin fields to be marched on by society. The profession by and large, till date has undoubtedly performed its duties and obligations and has never hesitated to shoulder its responsibilities in larger interest of the mankind." Basically the Apex Court emphasised upon the importance of the advocates in legal profession and the Bill seeks to achieve this objective. The Bill lays down the mechanism to ensure that the advocates can render their services without any fear or external influence for the ultimate administration of justice and Rule of Law. Important Features of the Bill 1) The Advocates (Protection) Bill, 2021 extends to whole of India. 2) The definition of the 'advocate' in the Bill will be same as that given under Section 2(1)(a) Advocates Act, 1961 i.e. “advocate” means an advocate entered in any roll under the provisions of this Act. 3) The Section 2(1)(c) of the Bill defines 'acts of violence' which includes threat, harassment, coercion, malicious prosecution, assault, criminal force on advocate's working and living condition in order to prevent them from discharging their duties with an intent to prejudice or derail the process of impartial, fair and fearless conduct. The violence can be within or outside the premises of the court and covers advocate's property as well. The act also covers coercion to advocates in respect of withdrawing from the case or disclosure of privileged documents and communication; under the ambit of violence. 4) The Section 3 of the Act punishes the commission and abetment of the acts of violence with imprisonment for a term which shall not be less than 6months but which may extend to the period of 5years and with fine which shall not be less than 50,000 but which may extend to 1lakh rupees depending upon the gravity of an offence. However, on subsequent conviction the term of imprisonment shall be 2years to 10 years and with a fine which shall not be less than 10lakh rupees depending upon the gravity of an offence. 5) According to Section 4 of the Bill, offender may also be made to compensate the aggrieved party and in case of damage to the property, the compensation will be the twice of fair market value; if there is a failure in compensation it'll be recovered as arrears of land revenue under Revenue Recovery Act, 1890 6) The nature of offence under this Bill will be cognizable and non-bailable [Section 5] 7) The Section 5 of the Bill prescribes the procedure of investigation, inquiry and trial of the offence committed under Section 3. The said section states that investigation of the offence shall be concluded within 30days after registration of FIR. The matter shall not be investigated by an office below the rank of Deputy Superintendent of Police. The matter shall not be tried by the court inferior to the rank of District and Sessions judge. The matter shall be tried on day to day basis and if adjourned reasons to be recorded for the same and furthermore, the trial shall be concluded within a year. The reasons shall be recorded for delay in conclusion of trial; further the period can be extended for 6months and not beyond that. 8) The offences of Section 3 are compoundable under Section 6. 9) The Section 7 of the Bill provides that advocate who is subject to the violence shall be given police protection. The Bill provides detailed procedure for obtaining as well as discontinuance of the protection. 10) The Bill also suggests a grievance redressal mechanism. Under Section 9 of the Bill, Central or State Government as the case may be shall constitute a Grievance Redressal Committee at every level i.e. District Court, High Courts and Supreme Court. 11) The Section 11 of the Bill gives protection to advocates from arrest and malicious prosecution. It says no police officer shall arrest an advocate or conduct an investigation against him without an order from the Chief Judicial Magistrate. Further there cannot be malicious prosecution against the Advocate and the person who instituted such vexatious proceeding shall be made to compensate with a fine not less than 2lakh and which may extend to 10lakh depending upon the allegation and extent of damage. 12) Furthermore, if public servant who has power of investigation, arrest and detention under Chapter-XII of Criminal Procedure Court, 1973 found in possession or usage of privileged material or communication which is shown to be obtained from an Advocate, then the coercion shall be presumed on the part of such public servant. [Section 12] 13) The Section 15 of the Bill provides that the Central as well as the State Government may make rules for providing financial assistance to the needy advocates during natural calamities or epidemic and can also arrange loan facilities from PSUs. The aim of Advocates (Protection) Bill, 2021 is the protection of advocates in discharge of their duties i.e. they should be able to discharge it fearlessly. Furthermore, this piece of legislation is one of the most important legislation as it intends to ensure the prevalence of Rule of Law and fair trial of cases. This Bill if passed would reduce the cases of unfair trial as advocates will be able to discharge their duties fearlessly and which will eventually result in the protection of the interest of clients. The Bill also provides for expeditious trial of the offences mentioned in the Bill so that advocates interest would not be hindered by the delayed procedure of the Court. However, in certain cases like Police Protection, the Bill mentions tedious procedure for obtainment of protection i.e. application to the High Court, submission of various application so that bonafide character of an advocate can be established whereas the procedure for discontinuance of police procedure is very plain and it does not even suggest of giving reason for discontinuance of police protection by the Superintendent of Police. However, in toto the Advocates (Protection) Bill, 2021 is need of the hour so as to ensure smooth functioning of justice delivery system in the country.