Key provisions:
- The Bill provides for the prevention of offenses against advocates, such as assault, grievous hurt, criminal force and criminal intimidation, along with damage or loss to their property.
- The objective of the Bill is to prohibit increasing “violence” and “false implications” against advocates in the state.
- The Act also deems these offenses as cognizable, indicating that arrests can be made without a warrant.
Police protection:
- The Bill aims to provide police protection to an advocate, based on a report made to the police, for the commission of offenses against him.
- However, protection can only be given if the police deem it fit, and in a manner as prescribed in the rules.
- The Rajasthan Advocates Protection Bill, 2023, extends to advocates in the State of Rajasthan.
Punishment:
- Punishment ranges from fines to imprisonment or both depending on the degree of offenses committed.
- Every offence punishable under this Act shall be compoundable by the aggrieved person with the permission of the Court.
- Compoundable offenses are those which can be conciliated by the parties under dispute, without requiring the permission of the court.
- Provisions for compensation and damages
- The Bill seeks to provide compensation to advocates.
- The offender shall also be liable to pay for the loss or damage caused to an advocate’s property, as may be determined by the court.
- The offender will also be liable to reimburse the medical expenses incurred by an advocate.
Prosecution of the advocates:
- The Bill provides for the prosecution of advocates themselves if a report of cognizable offense is received from their client or opposing client against an act done by the advocate, during the discharge of their professional duties.
- The complaint may be registered only after an inquiry has been conducted by a police officer.
- If an advocate misuses the provisions of this Act or uses them for malicious purposes or makes a false complaint under the Act, they can face imprisonment for up to 3 years, with or without a fine.
SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB