Advocates serve as the backbone of India’s justice delivery system, yet in recent times, their safety and dignity have come under threat. Incidents involving assault, harassment, and coercion of legal professionals have prompted urgent calls for legislative reform. In this backdrop, the Advocates (Protection) Bill, 2021, was proposed as a remedial framework to safeguard the rights, safety, and independence of the legal fraternity.
This article provides a comprehensive overview of the Bill, its purpose, key provisions, and its potential impact on the legal ecosystem.
Who is an Advocate?
In simple terms, an advocate is a licensed legal professional authorised to represent clients in court. As per Black’s Law Dictionary, an advocate pleads the cause of another before a judicial forum. The Advocates Act, 1961 recognises them as essential officers of the court, a status symbolised by their formal attire—black for authority and white for justice and purity.
Why the Bill is Needed
Violence, harassment, and malicious prosecutions against lawyers have risen alarmingly, infringing on their Fundamental Rights under Articles 19(1)(g) and 21. Recent incidents—such as the murder of lawyers, illegal raids, and physical assaults—underline the urgent need for statutory protection. The Bill seeks to ensure that advocates can perform their duties free from fear and external pressure.
Judicial Recognition
The Bill finds strong support in precedent:
Hari Shankar Rastogi v. Giridhar Sharma: Advocates are officers of the court.
Ramon Services v. Subbash Kapoor: Legal professionals have always led societal progress.
R. Muthukrishnan v. Registrar General: Fearlessness and independence are core values of the profession.
Objectives and Justification of the Bill
The Statement of Objects and Reasons attached to the Bill highlights the growing number of assaults, criminal intimidation, and threats faced by advocates during the discharge of their duties. Such attacks not only hamper the functioning of the legal profession but also obstruct the administration of justice itself
The Bill draws support from:
- The Basic Principles on the Role of Lawyers (adopted at the 1990 UN Congress in Havana), particularly Clauses 16–18, which mandate state protection and autonomy for legal practitioners.
- Indian judicial precedent, including the Supreme Court’s ruling in Hari Shankar Rastogi v. Giridhar Sharma (1978) 2 SCC 165, affirming that lawyers are integral officers of the court.
Key Definitions
The Bill defines crucial terms that form the basis of its regulatory structure:
- Act of Violence: Includes harassment, criminal force, coercion to withdraw from a case, interference with privileged communication, or damage to an advocate’s property.
- Advocate: As per Section 2(1)(a) of the Advocates Act, 1961.
Core Protective Provisions
1. Punishment for Acts of Violence (Section 3)
- Minimum 6 months’ imprisonment, extendable to 5 years, with fines up to ₹1,00,000.
- Repeat offenders face 1–10 years of imprisonment and a minimum fine of ₹2,00,000.
2. Compensation (Section 4)
- Courts may order compensation in addition to punishment.
- Damage to property requires compensation twice the fair market value, recoverable as land revenue.
3. Nature of Offence (Section 5)
- Offences under the Act are cognizable and non-bailable.
- Only a District and Sessions Judge may try such cases.
- FIRs must be investigated by a Superintendent of Police within 30 days.
- Trials should conclude within 1 year, extendable by 6 months on written reasons.
Police Protection and Institutional Status
4. Police Protection (Section 7)
- Advocates under threat may seek court-ordered police protection by applying to the High Court.
- The Superintendent of Police must seek prior concurrence before reducing or withdrawing protection.
5. Deemed Officers of Institutions (Section 8)
Advocates pleading before any Court, Tribunal, or Authority, including the Police, shall be deemed officers of those institutions, entitled to equal treatment.
Protection Against Misuse
6. Immunity from Legal Proceedings (Section 9)
Provides statutory immunity for advocates acting in good faith under the Act or court orders.
7. Malicious Prosecution (Section 10)
Courts may dismiss vexatious or malicious suits against advocates and award a minimum compensation of ₹1,00,000.
8. Presumption of Coercion (Section 11)
If a public servant is found with privileged communication from an advocate, the law presumes coercion, ensuring protection of client confidentiality.
Procedural and Administrative Features
- Rulemaking Power (Section 13): Vests in the Central Government, in consultation with the Bar Council of India.
- Applicability of CrPC (Section 14): The Code of Criminal Procedure, 1973, applies unless specifically modified by the Bill.
- Non-Derogation Clause (Section 12): This Act is supplementary, not in derogation of other existing laws.
Global Perspective
Countries like Russia, Indonesia, and Egypt have specific laws ensuring lawyer safety. International instruments such as the UN Basic Principles on the Role of Lawyers (1990) and Vienna Declaration (1993) emphasise the independence and protection of legal professionals as essential to democracy and human rights.
Loopholes and Conflicts with Criminal Laws
The Advocates Protection Bill, 2021, and Rajasthan’s Advocates Protection Act, 2023, may potentially conflict with existing provisions of the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act—now replaced by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). Though the Bills contain overriding clauses, criminal law falls under the Union List, limiting state legislative power.
If any provision contradicts central criminal laws, the latter will prevail. This creates possible conflicts—especially when advocates are granted exemptions from arrest or special procedures—which could be seen as infringing equality under Article 14. Hence, while the intention is to protect lawyers, any protection must align with India’s constitutional framework and central laws.
Analysis and Impact
The Advocates (Protection) Bill, 2021, addresses several longstanding concerns:
- Safety and dignity of lawyers, particularly criminal defence and human rights advocates.
- Preservation of privileged communication, central to the lawyer-client relationship.
- Judicial efficiency, by penalising malicious litigation and ensuring the speedy trial of offences.
By recognising advocates as officers of the institution and securing their right to function fearlessly, the Bill affirms the profession’s constitutional significance under Articles 14, 19(1)(g), and 21 of the Indian Constitution.
Challenges and Concerns
Despite its merits, the Bill may face practical and legal hurdles:
- Implementation concerns, especially regarding state police cooperation and judicial timelines.
- Potential for misuse or false claims of threats unless backed by strict procedural safeguards.
- Need for clarity on overlaps with other laws like the Indian Penal Code, CrPC, and Protection of Human Rights Act.
Conclusion
The Advocates (Protection) Bill, 2021 is a timely and much-needed step toward safeguarding the interests of the legal profession. In an increasingly volatile environment where advocates are vulnerable to targeted attacks, legislative protection can restore dignity, autonomy, and professional freedom. However, its success will depend on effective implementation, robust judicial oversight, and sincere cooperation from law enforcement agencies.
As India aspires to strengthen its democratic and legal institutions, ensuring the safety of its legal defenders is not optional—it is essential.
References
[1] Advocates (Protection) Bill, 2021, Available Here
[2] Critical Synopsis of Advocates (Protection) Bill, 2021, Available Here
[3] Advocates Protection Bill: A boon for Advocates, Available Here
[4] Advocates & Advocate Protection Bill, 2021: Issues & Challenges, Available Here