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NEED FOR ADVOCATE PROTECTION ACT

Publications, Research paper

Abstract

This paper discusses about the new emerging Advocate Protection Act, its key features and over this “The Need For Advocate Protection Act” in detail. As in this current society, where the crime rate is increasing day by day, the importance of Advocates are also increasing. At the same time attacks towards the advocates creating a blockage in between advocacy and Justice delivery. Increasing harassments, violence including acid attacks, brutal murders..etc are alarming for the enactment of a legal framework to protect our advocates.

Both reviews of literatures and survey among advocates are reiterating the need for Advocate Protection Act.

Keywords

Advocate Protection Act, Advocate Protection Bill, Advocates Act, Legal Framework, Profession

Introduction

Nowadays, the harassment against lawyers is tremendously increasing. According to the Advocates Act, 1961, an Advocate is a person who is authorized to appear in litigation on behalf of a party and who possesses a law degree enrolled with the bar council. Thus, along with investigating officers and the judiciary, advocates play a major role in ensuring justice for the society. An advocate addresses an aggrieved party before the honourable court, claims fundamental and other rights provided by law. They are the mediators playing between common man and the Judiciary to maintain peace and justice in the welfare society. Their Black coat shows the power, authority and submission to Justice and White band and shirt shows light, transparency, innocence, cleanliness and hope of justice. 

But still, police and judiciary enjoy protection from those harassments and assaults, meanwhile there is no existing law addressing the need for protection of advocates. And they stay as a question mark before society while suffering such assaults, abductions …etc. 

Here we have Advocates Act, 1961 and Bar Council of India Rules, Contempt of Courts Act, 1971 to up held the dignity of Indian Judiciary and advocacy. It reiterates the need for professional ethics and gives privileges along with duties to the advocates. But forget to address the key issues being faced by advocates from their colleagues, opposite party and even from the side of judiciary. 

Research Methodology

This paper descriptive type in nature and secondary sources of information like, websites, journals, books and newspapers are used to gather information for this research. Additionally, a survey was conducted among the advocates, as a quantitative method.

Review of literature

According to Dr. S R Myneni, in his “Professional Ethics; Accountancy for Lawyers and Bar-Bench Relation”, law is a service occupation and intended to serve mankind. And profession of law is one of the most old and noblest profession in the world. He who is an advocate is the officer of justice and friend of court []. Thus he has to fight for law reforms and same time has to provide services to maintain law and order. So that he should not be partial and should not in any activity that lower the image of legal profession in society. High principles of professional conduct are thus framed for them.

Thus higher standards and expectations are set for the acts of advocates. Also punishments are provided by the said legislations. Now we need standards and expectations set for the society to keep the dignity of advocacy.

According to Suryandari, in “Legal Protection of Advocates”, says Advocates need to get immunity from criminal and civil charges while performing their professional duties. Legal protection for advocates still remains as vacuum [] and they are getting more vulnerable to criminalization. This condition enhances the importance of Advocate Protection Act.

As per the “Legal Protection of Professional Advocates of Immunity Rights in The Judicial System Process in Indonesia” by Khomarudin, Advocates provide legal services including legal advice, legal help, assisting, representing, defending, exercising powers and other legal acts. They are stated to be one of the law enforcing officer among the ‘chess wangsa enforcers’ [], i.e, Police, Public Prosecutors, Advocates and Judges.

From this itself, it is clear that, along with police and Judges, advocates also have right to be protected and to have legal immunity.

In “Law for the Protection of Advocates: A need of the time”, Bairagi says that advocates uphold the rule of law and ensure justice. Hence, they are becoming target for a lot of violence

and harassments. Strikes and boycott of judicial work asking for advocate’s protection and their family’s protection are going on, but still they had gone unheard [].

According to Makkad in “Advocates Protection Bill, 2021: overview and importance”, the bill released by the Bar Council of India is still in a frozen stage and if it is passed, then, it can provide enough security to the advocates and their family [], so that they can perform their legal duties without any fear.

Survey Result

In total, survey was conducted among ten advocates practicing at Thrissur District Court. All of them, in same voice, they said YES to Advocate Protection Act as it is the most recommended way to ensure honest, fearless Justice delivery. They suggested that, advocates need to be protected from the violence of common people, but also from the co-workers too. From this, we can understand that, beyond the borders of states, all in the advocate gown wants to be protected under Advocate Protection Act.

Need of Advocate Protection Act

According to National Crime Records Bureau, there were 143 cases of assault on advocates were reported in India in 2020.These increasing incidents of violence is shocking for the whole advocate world. This is questioning the power and dignity of advocates in India. From verbal abuse to brutal murders are being threat to the impartial, honest, fearless advocacy. Alarming for a legal framework to protect advocates from these violence and harassment leads to the emergence of Advocate Protection Act. Same as legal protection being provided to police and Judges, advocates also need these kind of protection as they stands for the protection of rights of citizens, still their own rights are being violated. 

Advocate Protection Bill, 2021 was issued by The Bar Council of India on July 2, 2021. This bill is intended to provide both financial and physical security to the advocates. Also the bill helps the advocates to do their duties without any limitations or any fear. As advocacy is an elite profession, these adversarial in our society may make them vulnerable to the attacks. The threat raised against them may cause the havoc of legal system and this malfunctioning of legal system may start affect our daily life. Considering the life of advocates, these kind of attacks are clearly the violation of Article 19(1) (g) i.e. Right to practice any profession, occupation, trade, or business, Article 21 i.e. Right to life and Personal liberty of Indian Constitution []. Thus, enactment of Advocate Protection Act is very much needed to protect the constitutional rights and justice system. So that it can be considered as a constitutional requirement of our society. 

Objectives of Advocates Protection Bill, 2021

As it is the most awaiting legal framework of India, there should be higher expectations from the side of advocates. Already we have framed Advocates Protection Bill by The Bar Council of India in 2021. The objectives of the Advocates Protection Bill, 2021 are intended provide safety to the advocates for their fearless practicing of profession. Having a profession is important, at the same time having a peaceful atmosphere to conduct the profession is more important. Their life should also protected along with their profession. They should have financial security, along with Right to lead a good life. The main objectives of Advocates Protection Bill, 2021 are as follows; 

  1. The recent incidents including assaults, criminal force, intimidation, threats towards the advocates is violating their rights to discharge their professional duties. In this critical condition, the need for Advocates Protection legal framework is not only essential for the advocates, but also it indirectly render the rights of all citizens by ensuring fearless justice for them through the hands of advocates.
  2. To protect advocates from these kind of assaults, criminal intimidation, coercion, hurt, a legal framework is essential. Thus, advocates can be legally protected as Judges, police and other respected authorities.
  3. Hari Shankar Rastogi v. Giridhar Sharma (1978) 2 SCC 165 observed that,” Indeed, the Bar is an extension of the system of justice, an advocate is an officer of court. He is master of an 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”.
  4. Also malicious prosecution is another threat being faced by the advocates which should be seriously considered while framing the law.
  5. It is important for the advocates to be provided with social security and minimum necessities of their life.

Cases of Advocate Protection in India

There are a lot of cases in India, which enlighten the dignity of Advocates. Supreme Court orders and statements shows that Advocates are the most important and significant part of Indian legal system. Ensuring their safety is equal to the protection of all Indian citizens. And it is a way of enforcing fundamental rights.

  • Hari Shankar Rastogi v. Giridhar Sharma (1978) 2 SCC 165 observed that,” Indeed, the Bar is an extension of the system of justice, an advocate is an officer of court. He is master of an 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” []
  • Ramon Services Pvt. Ltd v. Subbash Kapoor (2000) AIR SCW 4093, in this case it is observed that “persons belonging to the Legal Profession are concededly the exclusive of the society. They have always been in the frontline of progress and development of not only law but the society. The profession by & large, till date has undoubtedly performed its duties and obligations and has never hesitated to shoulder its responsibilities in larger interest of the mankind [].”  
  • O.N. Mohindroo V. The Bar Council of Delhi & Ors.1968 AIR 888, in this case Supreme Court interpreted the need for the advocate protection as it is the essential requirement of the society [] to protect its lawyers from assault, threat and harassments. Thus a central enactment can ensure security to the advocates, thus they can fearlessly render professional services. This forms an efficient administration of Justice and Rule of law as there is no external threats or interferences.
  • R. Muthukrishnan vs. The Registrar General of the High Court of Judicature at Madras AIR 2019 SUPREME COURT 849, it states that fearlessness, honesty, independence, equality, and uprightness [] are the most required quality of an advocate.

Recent Incidents

Of course, India is getting shocked day by day, due to the attacks against our lawyers. Some are getting attacked by their own clients. Meanwhile, some of them are victims of the revenge of opponent party or of some Judges. Some are compelled to remain silent, same time some have to do against their professional ethics. Loud or silent, our advocates are under threat. An advocate or his/ her family is always under going through threats or hurts in India.

  • On April 2025, one Advocate Virender Kumar, 51 [], was shot dead by two assailants on a bike in Dwarka Sector. He was a practicing lawyer in Dwarka Court. This raised the need for Advocate Protection Act at Capital.
  • In 2024, A senior advocate, P Rama Rao, 64 years old was attacked by two unidentified individuals, at his residence, Paralakhemundi town, near Visakhapatnam. Attackers threw acid at him and he was injured. This argued for the Advocate Protection Act in Odisha. 
  • On May 10, 2025 a female advocate was attacked with acid at Family Court premises in Lucknow []. The attacker is a repeat offender, who had been jailed in connection with attacking the same advocate using toilet –cleaner-based chemical on her.
  • Advocate Gattu Vamana Rao and his wife PV Nagamani were murdered by hired killers. He had filed complaints against two local leaders of ruling party for the prevention of encroachment.
  • In July 2021, a 41 year old advocate was assaulted on road.
  • On May 14, 2025 Adv.Shyamili, the Bar Council of Kerala was beaten up by her senior advocate.

Key Features of Advocates Protection Bill, 2021

  • Act of violence

According to Advocates Protection Bill, 2021, harassment, coercion, assault, criminal force or threat which impact on working or living conditions of an advocate and preventing him from practicing his duties, harm, injury, hurt- either grievous or simple or danger to the life of advocate within Court premises, loss or damage to any property or documents or materials to which such advocate is bound to hold , usage of derogatory language during court proceedings are defined under “ Act of Violence”.

  • Punishments

Section 3 & 4 of Advocate Protection Bill provides provisions for the punishment for offences. Whoever commits or abets to commit an act of violence, except grievous hurt shall be punishable with imprisonment for a term not less than six months, which may extend up to five years with fine up to one lakh rupees. 

And for the second time conviction or subsequent offence he/ she may punished with imprisonment not less than one year but may extend up to ten years with fine not less than two lakh rupees.

  • Compensation

In addition to compensation person shall also be liable to pay compensation as the Court determined for any type of offence against the Advocate, along with the punishment under Section 3 and 4 of Advocates Protection Bill.

And if any loss or damage to any property caused, then the amount shall be determined as twice the fair market price of the lost or damaged property or as determined by Court.

  • Nature of Offence

Offences punishable under section 3 of Advocates Protection Bill, 2021 shall be cognizable and non-bailable .It shall be investigated by a police officer not below the rank of Superintendent of Police and the investigation shall be completed within thirty days from registration of First Information Report .The court trying the offence under Section 3 of the bill shall not be inferior to District and Sessions Judge.

  • Protection against arrest and prosecution

According to the Advocates Protection Bill, 2021, An Advocate shall not be arrested or investigated without specific order of Chief Judicial Magistrate. When an offence by an advocate is reported in a police station, then the police officer in charge shall enter the information in to a book maintained by him and this should be referred to the nearest Chief Judicial Magistrate and Chief Judicial Magistrate shall issue a notice to the Advocate and must give an opportunity of hearing.

Malicious prosecution is another threat faced by the advocates. Protection from malicious prosecution is offered by Advocates Protection Bill, 2021. Person who initiated vexatious or malicious proceeding against an advocate shall be liable to pay compensation as may be determined by the Court, the amount shall be less than Rs. 100,000/-.

  • Police Protection

An advocate who is under threat of an act of violence, he can claim Police protection by making an application before the High Court of the state. Wherever police security is provided, before taking a decision to withdraw, reduce or discontinue such security, the Superintendent of Police shall refer the matter to the Registrar of District Court or if the advocate ordinarily prosecuting in the High Court, the Registrar General of the High Court for their concurrenKerala

Protection of action in due conduct of duties by Advocates

No suit, prosecution or other legal proceeding shall lie against any advocate for his actions in good faith or intended to done in due conduct of his duties, or any action done by the order or direction of Court or any other authority empowered to do so.

  • Application of Code of Criminal Procedure, 1973 to proceedings under the Act 

Otherwise provided in this act, Code of Criminal Procedure, 1973 shall be applied to the Court proceedings.

  • Financial Assistance

In emergency situations like epidemics or natural calamities, the bill proposes the Central and State Government to grant financial assistance to Advocates in need [].

These are the key features of this bill. Converting this into a dynamic state from today’s static state can bring a lot of changes in our society.

Enforcement of Bill in India by States

In India, Rajastan is the first state to pass a bill regarding the security of advocates. It created the history on March 22, 2023. Rajastan Legislative Assembly passed The Rajastan Advocates Protection Bill, 2023. Shanti Kumar Dhariwal, Law and Legal Affairs Minister, stated the State Government to give Five crore rupee to the Bar Council for the welfare of the advocates.

State Bar Council of Punjab and Haryana drafted Punjab Advocates Protection Act, 2023 and Haryana Advocates Protection Act, 2023. Also many recent incidents are pressurizing the state governments to enact the bill. But still, having a Central Government enacted bill can give more power on all over India. That’s today’s requirement. 

Suggestions

Suggesting that, just having a legal framework can’t make any difference in our society. So there must be several provisions that can strictly enforce the law in India. Moreover that, as this is a law, made for the protection of advocates, every needs of advocates should be addressed, if possible. 

  • One important thing is that the immediate implementation of the said law. 
  • Beforeconsidering the implementation, an effective survey should be conducted among the advocates to consider their necessities. From the survey among 10 advocates itself, it is clear that, day by day incidents like attacks against advocates are increasing and its modes are getting changed. So there exists an honest need for amendments in the bill.
  •  Recent incidents like attack by senior advocate towards junior are calling for a provision to protect juniors from seniors.
  • While considering the provision for financial support, the sources of finance should also be considered.
  • Giving awareness to the society regarding the importance and role of advocates in our society is being a basic need.

 Conclusion 

Thus we can conclude that, Advocate Protection Act is a long awaiting legal framework for potential benefits of advocates. It provides not only physical security, but also financial security for the advocates in need. The fact that we all should admit is that, frequent protests from part of various State Bar Councils, for example, Telangana Bar Council, Odisha Bar Council..etc are still remaining unheard. And of course this is a justifiable fight to ensure justice for justice enforcers.

As it is the most essential requirement of advocates, it is important ensure safety for the advocates from malicious legal actions, prosecutions, violence including simple and grievous hurt, scandalization, threats, coercion, murder..etc. Also their properties should be protected from losing and destructions. This legal framework should protect them from common man to co-workers and Judges. 

Our, Indian Constitution Article 19 (1) g and Article 21 reiterates the necessity of this Act. It promises Right to profession along with Right to life as Fundamental Rights. So that having a legal framework for Advocates or if it is passed, then surely it will be a milestone in Indian History.

Author: Rose Maria Nikson

Government Law College, Thrissur, Kerala