Advocate Protection Act

क्या वकीलों को Arrest नहीं कर सकती पुलिस

Now this blog is very important for Lawyer & Advocates. Recently Introduce a Advocate Protection Bill 2021.

What is the Need of this bill ? The protection of Advocates Was talked About In this Entire Bill.

There are many such cases in which we see that the advocate is not being given safety. In today's blog, we will know whether the police can arrest the advocates or not?

Many how are going in front where we can see that advocates are being assaulted. Advocates are being abused. Now we all are aware of this family of Advocates. Advocacy is a Nobel Profession. Advocate helps a People for easily Justice.

Considering repeated episodes of harassment and assault against advocates, the Bar Council of India on 10 June 2021 issued a notice to constitute a 7-member committee to draft the Advocate Protection Bill.

The Bill was released on July 2nd, 2021. It aimed at providing protection to the advocates against rising crimes to let them deliver their duties properly.

There are several advantages of Advocate Protection Bill 2021 which can only be available if approved. Let's read about all the key features of Advocate Protection Bill 2021.

Crime Against Advocates And Need Of Advocate Protection Bill, 2021

An advocate plays a vital role in creating a safer world by providing every person easy access to justice. They are representatives who help people bring their issues in front of the judicial system.
Advocates are the one to help people know their rights as well as their duties. But increasing incidents of assaults, killings, and illegal detentions of advocates raise concerns related to their safety.

Some Important Incident With Advocates

In July 2021, a 41-year-old corporate lawyer was abused and assaulted by a cyclist in a road rage incident.
A mob containing over 20 people attacked two lawyers with swords who were meeting their client.
Murder of Advocate Gattu Vamana Rao and his wife PV Nagamani by hired killers where he had filed complaints against two local leaders in his village from the ruling party to prevent them from encroaching on public land.
Three men were arrested for kidnapping and killing a lawyer and discarding his body in the forest in October 2020.

Protection against arrest and prosecution

Section 11 provides that No Police Officer shall arrest an Advocate and/or investigate a case against an Advocate without the specific order of the Chief Judicial Magistrate.
When information is given to an Officer-in-Charge of a Police Station of a commission of any offence by an Advocate, the Police officer shall enter or cause to be entered the substance of information with a book to be kept by such officer and refer the information with other connected materials to the nearest Chief Judicial Magistrate, who shall hold a preliminary inquiry into the case, and the Chief The judicial Magistrate concerned shall issue notice to the advocate and give the opportunity of hearing to him or his counsel or representative.
After hearing if the CMJ finds that FIR has been filed against the Advocate for some malicious reasons emanating from the discharge of official duties of the Advocate then CMJ shall grant bail to the Advocate.

Malicious prosecution of Advocates

(1) Where any suit, prosecution or other legal proceeding instituted against an Advocate by any person is found by the Court hearing such proceeding to be vexatious in nature, or motivated by a malicious intention to derail the process of impartial, fair and fearless conduct of any litigation before any court, tribunal or authority in which such Advocate is engaged, or, is an act of retribution towards the outcome of proceedings before any of the above forums, the said proceedings shall be liable to be dismissed, with costs.
(2) Any person found to have initiated a vexatious or malicious proceeding against an Advocate shall be liable to pay, by way of compensation, such amount as may be determined by the Court, which amount shall not be less than Rs.100,000/-.

Written By - Adv. KR Choudhary