DRAFT OF ADVOCATE AND PARALEGAL (PROTECTION) AMENDMENT BILL 2024

Statement of Objects and Reasons

1. The recent incidents of assault, criminal force, intimidation and threats caused to Advocates,

while they discharge their professional duties, have reached alarming heights. This has also

resulted in law-and-order situations and deficiencies in rendering professional services by

Advocates to their clients apart from causing a deep sense of fear in the minds of Advocates.

2. In order to protect Advocates from the said assaults, criminal force, intimidation and threats,

it is necessary to enact legislation to protect Advocates while discharging their professional

duties as contemplated under Law.

3. This is in consonance with the Eight United Nations Congress on the Prevention of Crime

and the Treatment of Offenders, Havana, Cuba 27 August to 7 September 1900, to which

India was a participant, where it has adopted the "Basic Principles on the Role of Lawyers".

Clauses 16 to 18 of the declaration deals with "Guarantees for the functioning of lawyer

which are as follows:

"Clause 16. Governments shall ensure the lawyers,

That they are able to perform all of their professional services/functions without

intimidation, hindrance, harassment or improper interference,

They are able to travel and to consult with their clients freely both within their own

country and abroad; and

They shall not suffer or be threatened with prosecution or administrative, economic or

other sanctions for any action taken in accordance with recognized professional duties,

standards and ethics.

Clause 17. Where the security of lawyers is threatened as a result of discharging their duty, they

shall be adequately safeguarded by the authorities”.

4. The Supreme Court of India in the case of Hari Shankar Rastogi /s. Giridhar Sharma, (1978)

2 SCC 165 has observed that "Indeed, the Bar is an extension of the system of justice, an

advocate is an officer of court. He is master of expertise, but. more than that, accountable to

the court and governed by a high professional ethics. The success of the judicial process often

depends on the services of the legal profession".

5. Another issue which seems to be prevalent is that Advocates in due discharge of their

professional duties also face the threat of malicious and frivolous prosecution by the rival
 parties which is also intended to interfere with the performance of their duties, in turn

interfering with the administration of justice itself.

Now, therefore it is expedient to prohibit violence against and provide protection to Advocates

for rendering their professional services without fear or external influence and for matters

connected herewith and incidental thereto;

1. Short title, extent and commencement. –

1) This Act may be called The Advocates & Paralegal Protection Act, 2024.

2) This act extends to the Union of India.

3) This act came into force on such a date as the Union of India may by notification in

the Official Gazette, appoint.

2. Definitions. –

a) "Advocate" means an Advocate or Senior Advocate or a Legal Practitioner whose

name is entered in the roll of advocates maintained under section 17 of the Advocates

Act,

1961(Central Act 25 of 1961) and holding a valid certificate of practice issued by the

Bar Council of Maharashtra and Goa as defined under rule 4 of the Bar Council of India

Certificate and Place of Practice (Verification) Rules, 2015 and is a member of any Bar

Association;

A* "Paralegal" includes a

(i) Law Intern who is a law student or recent graduate who participates in an internship
program to gain practical experience under any Advocate and

(ii) Law Clerk means Law Clerk cum Research associate

b) "Bar Association" means a Bar Association recognized by the Maharashtra State Bar

Council under the Maharashtra Advocates Welfare Fund Act, 1983 (Maharashtra Act 2

of 1985)

c) "Act of violence" means and include acts committed by any person against an

advocate, with an intent to prejudice or 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 acts of retribution towards the outcome of proceedings before

any of the above forums and includes the following:

i. Harassment, coercion, assault, criminal force or threat impacting the living or

working conditions of such advocates and preventing him from discharging his

duties; ii. Harm, injury, hurt, either grievous or simple, or danger to the life of such

advocates, either within the premises of the Courts or otherwise; iii. Coercion by
 whatsoever means, of an Advocate to reveal or part with privileged communication

or material which such Advocate is bound to hold in confidence under law;

iv. Coercion by whatsoever means, of an Advocate not to represent or to

withdraw his Vakalath or appearance to act, plead or appear on behalf of a

client before any court, tribunal or authority;

v. Loss or damage to any property or documents or materials which such

Advocate is bound to hold under law; vi. Usage of derogatory language during

the course of the judicial and quasijudicial proceedings.

d) "client" means the person who is represented by the advocate before any court or any

Tribunal;

e) "Opposite client means the person against whom the advocate has represented the

case of other person before any Court or any Tribunal; and

f) "property" means any property, movable or immovable or equipment or machinery

owned by or in possession of any advocate.

3. Prohibit of violence. –

No Person shall commit an Act of violence against an Advocate.

4. Punishment for offences relating to Advocates. –

1) Whoever commits or abets the commission of an act of violence, except grievous hurt

covered by sub-section (2) hereunder, against an advocate shall be punishable with

imprisonment for a term which shall be not less than six months but which may

extend to five years and with fine up to one lakh rupees.

2) Whoever, having already been convicted of an offence under this Act is convicted for

the second or subsequent offence, shall be punishable with imprisonment for a term

which shall not be less than one year but which may extend to ten years and fine

which shall not be less than two lakh rupees.

5. Cognizance of offence. –

Every offence punishable under this Act shall be cognizable.

6. Offence to be non-bailable. –

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No.

2 of 1974), every offence committed under this act shall be non-bailable.

Provisions of Section 438 of Code of Criminal Procedure, 1973 shall not apply to the

offences of violence as define under section 2. (c).

8. Offences to be compoundable. –

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act

No. 2 of 1974), every offence punishable under this Act shall be compoundable by the

aggrieved person with the permission of the Court.

9. Compensation. –

1) In addition to the punishment provided for an offence under Section 4, the person so

convicted shall also be liable to pay, by way of compensation, such amount as may be

determined by the Court for causing any act of violence against any advocate.

2) Notwithstanding the compounding of an offence under Section 8 hereunder, in case of

damage to any property or loss caused, the compensation payable shall be twice the

amount of fair market value of the damaged property, or the loss caused, as may be

determined by the Court.

3) Upon failure to pay the compensation awarded under sub-section (1) and (2)

hereinabove, such amount shall be recovered as an arrear of land revenue under The

Land Revenue Code, 1966.

10. Investigation and Procedure. –

Notwithstanding anything contained in the Code of Criminal Procedure 1973, any case

register under this act shall be investigated by a Police Officer not below rank of

Superintendent of Police; and the investigation shall be completed within a period of 30 days,

from the date of registration of First Information Report and no court inferior to that of

District and Session Judge shall try the offence punishable under this act and proceedings

under this act shall be held as expeditiously as possible and trial shall be concluded within a

period of one year.

Provided that if the trial is not concluded within one year, the judge shall record reasons

for not doing so and further in any case the trial shall be decided within a period of 6 months

as an extended period.
11. Police Protection. –

1) Any Advocate who is under the threat of being a victim of act of violence shall be

entitled to Police Protection for a duration which the Court deems fit, upon making an

application before the Court.

2) Every Court shall, before passing orders under Sec. 11 (1), scrutinize the personal

antecedents of such advocate, including his criminal record and any other necessary

material which it requires, in order to satisfy itself of the character and conduct of

such advocate, and the bona-fides of the application filed under Sec. 11 (1).

3) Wherever the Police security is provided to the Advocate, the Superintendent of

Police shall, before taking a decision to withdraw, reduce or discontinue such security,

refer the matter to the Registrar of the District Court or in the case of an Advocate

ordinarily practicing in the High Court, the Registrar General of the High Court for

their concurrence.

4) No decision shall be taken by the Superintendent of Police to withdraw, reduce or

discontinue the security provided to the Advocate, unless a notice of one week is first

served on the advocate in this regard.

12. Protection of action taken in good faith by the advocate in discharging his duties. -

Notwithstanding anything to the contrary in any other law for the time being enforced, no

suit, prosecution, or legal proceedings shall lye against an advocate for anything which is

done in good faith or intended to be done in good faith by an advocate while discharging his

duties.

13. Prosecution of an advocate. –

Notwithstanding anything contained in section 154 of Code of Criminal Procedure, 1973

(Central Act No. 2 of 1914) or any other law for the time being in force, if a report of

cognizable offence is received from the client or opposite client against the advocate for the

act done, during discharge of his professional duties, the same may be registered only after an

inquiry by the police officer not below the rank of Deputy Superintendent of Police, which

shall be completed within a maximum period of seven days and if a case is registered, a

written information of the same be sent immediately to the Bar Council of Maharashtra &

Goa.
14A. 3-Member Committee for Redressal of Grievances of Advocates/Bar Associations-

The Central/ State Government, as the case may be, shall constitute a Grievance Redressal Committee

for redressal of grievances of the Advocates at every level i.e. in every Courts, High Courts and

Supreme Court.

The said Committee shall consist of the Head of Judiciary i.e. the District Judge at District an TaIuka

level, the chief Justice of concerned High Court or a Judge of High court nominated by him) for the

concerned State and the Chief Justice of India (or any Judge of Supreme Court nominated by him)

for the purpose of redressal of grievances of Advocates practicing in the Supreme Court.

The district magistrate, chief Justice of the high court (or his nominee) and the Chief Justice of India or

his nominee) shall be the Chairperson of the respective Committee the committee shall consist of

two other nominated by the concerned State Bar councils. However, the nominations to be made

for the High Court Association the Bar Councils shall be required to consult the Bar council of •

Any Case of Supreme Court, the nomination of two members of the Grievance Redressal

Committee shall be made by Bar council of India.

The President concerned Bar Association shall be Special Invitee in the Meetings of the Committee.

However, the Committee may invite any other Advocate or Officer, Authority and/or Judge etc. in

its meetings, if the Committee deems fit and proper. The time and place of Meeting(s) shall be

fixed by the Chairperson of the Committee.

Provided that if the issue/ grievance is of such a nature which affects the Advocates of entire State

(and/or relates to some demands raised by the Bar Council of State), then the matter will be dealt

by the High Court Level Committee; and if the grievance/ issue relates to the advocates of entire

country (and/or some demands made by or issue raised by Bar Council of India), then the

Committee at the level of Supreme Court shall deal with the matter. The Committee will take care

of the larger interest of the Legal Fraternity.

Any grievance, brought to the notice of the Chairman of the Committee shall be properly addressed by

the Committee and the Committee shall hear the concerned parties in order to settle the matter

amicably. If the grievance of the Advocate or the concerned Bar Association is against any
 Executive Authority, the Committee shall do the needful for addressing and removal of the

grievances of Advocates/ Bar Associations or Bar Councils.

The Committee shall be empowered appropriate directions/ suggestions to the concerned PO

office not below the rank of Superintendent of Police) or other government authorities under

the concerned Government for the redressal of grievance received.

14. Act not in derogation to and other law. –

The provisions of this Act shall be in addition to and not in derogation of the provisions of

the any other law for the time being in force.

15. Power to make Rules. –

The Union Government may make rules consistent with the provisions of this Act, with the
consultation of Bar council of India.

16A. Act to have overriding effect. -

The provisions of this Act and any rule or regulation made thereunder shall have effect notwithstanding

anything inconsistent therewith contained in any other law for the time being in force or in any

instrument having effect by virtue of any law other than this Act.