Advocate protection bill 2021

When the security of an attorney is jeopardized as the result of their work, then the government must take certain steps to protect its soldiers with this thought a seven-member team was formed to issue The Advocate Protection Bill on July 2, 2021, to tackle the difficulties faced by the attorney and remove all the obstacles that could affect their duties.

The preamble of the bill says that it is for the protection of advocates and their functions in the discharge of their professional duties. Section 2 of the bill talks about who is protected under this bill i.e. the term advocate who is the person registered as an advocate under advocate act, 1961 and the term “acts of violence” is defined in the same section says that any action against advocates with the intent to disrupt the process of impartial, fair and brave litigation forms under this category. These acts may also include threat, harassment, coercion, assault, malicious prosecution, criminal force, harm, hurt, injury or any act potentially impact the living and working conditions of advocates comes under this which also includes loss or damage of property and all these offences are non-bailable and cognizant. Punishment of these offences are defined in Section 3 and 4 which is from six months to five years and a maximum of ten years for repeating the offence and fine from Rs.50,000 to 1 lakh for the first offence, for consecutive offences can be reached up to 10lakh.

Section 11 of the bill provides that “No Police Officer shall arrest an Advocate or investigate a case against an Advocate without the explicit direction of the Chief Judicial Magistrate.” The process is when the information is given to the Officer-in-charge of the police station of commission of any offence by an advocate, the police officer entered the substance of information in the book which is to be kept by such officer and refer the information with other connection to the nearest chief Judicial Magistrate who holds primary inquiry of the case. Following the rule, if the CJM determine the FIR was brought for malicious motivate in order to discharge the advocate from his professional responsibilities, the CJM will grant bail to the Advocate.

It also includes provisions related to social security of advocates from any unanticipated events, then on the recommendation of legislation the state and central government should make provisions to provide financial help to all the needy advocates of the country of a minimum of Rs.15, 000 every month. It also says that if any advocate comes under the threat of being a victim under any act of violence will be entitled to police protection for the duration for which the court seems fit after making his application before the high court of the state within which he is registered as a practitioner.

Advocates are one the important force of nation as they present all the people innocent, accused, guilty everyone as the punishment theory used in India is the reformative type and every person got the chance of a fair trial so no innocent would be punished but if the soldiers couldn’t do their work because of the threats than the system will get imbalanced this bill act as there shield and spear so that both they and their families are protected so they can protect others in need.

Aishwarya Says:

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