The Advocates’ Protection Bill, 2021 [Revised Draft – 2025 Edition]

The Advocates’ Protection Bill, 2021 [Revised Draft – 2025 Edition]

Suggestions by:

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

The Spiritual Lawyer 🦅 

Preamble

Whereas advocates are essential for the administration of justice and are officers of the court;

Whereas incidents of assaults, intimidation, false prosecution, and coercion against advocates have been increasing;

Whereas the legal profession requires protection to ensure independence, fearless representation, and upholding the rule of law;

It is expedient to enact a law to provide protection to advocates from threats, harassment, coercion, and violence in the discharge of their professional duties.

Chapter I: Preliminary

1. Short Title, Extent, and Commencement: 

(1) This Act may be called the Advocates’ Protection Act, 2021.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions:

(a) “Advocate” shall have the same meaning as assigned in Section 2(1)(a) of the Advocates Act, 1961.

(b) “Act of violence” means any act that causes or intends to cause physical or mental harm, intimidation, insult, obstruction, coercion, or threat to an advocate or their family in relation to their professional duty.

(c) “Protected disclosure” shall have the meaning as defined in Section 3(h) of the WhistleBlowers Protection Act, 2014.

Chapter II: Protection of Advocates

3. Protection Against Acts of Violence

(1) Whoever commits or abets the commission of any act of violence against an advocate shall be punishable with imprisonment of not less than six months which may extend to five years and shall also be liable to fine which may extend to ₹1,00,000.

(2) Any act of violence shall be cognizable and non-bailable under Section 154 and 437 CrPC.

(3) Investigation must be completed within 30 days from the date of registration of FIR, subject to extension by the Magistrate.

4. Compensation for Injury or Damage

(1) In addition to the punishment, the offender shall be liable to pay compensation to the advocate or legal heir, as may be determined by the court under Section 357A of CrPC.

(2) Damage to office property, professional records, or legal documents shall be assessed as per market value.

Chapter III: Institutional Safeguards

5. Duty of Police Officers and Public Servants:

(1) All public servants shall treat any complaint by an advocate concerning obstruction or threat in the course of their professional duties as urgent and sensitive.

(2) Failure to record information under Section 154 CrPC shall attract departmental inquiry and action.

6. Fast Track Courts:

(1) Special Fast Track Courts shall be designated in each district to try offences under this Act.

(2) Trial shall be completed within six months from the date of cognizance.

7. Witness and Whistleblower Protection:

(1) An advocate who makes a protected disclosure or represents a whistleblower under the Whistle Blowers Protection Act, 2014, shall be accorded protection from coercion or reprisal.

(2) In such cases, courts shall presume threat to life and liberty and may provide police security under Section 17 of the Witness Protection Scheme, 2018.

Chapter IV: Regulatory Provisions and Professional Security

8. Bar Council Powers and Support Mechanisms

(1) The Bar Council of India shall establish a National Advocates’ Protection Cell (NAPC) with state-level branches.

(2) The NAPC shall maintain a central register of offences against advocates, provide legal assistance, and coordinate with police.

(3) The BCI and State Bar Councils may issue advisory guidelines to protect advocates during strikes, protests, or litigation involving politically sensitive matters.

9. Professional Misconduct Exception:

Nothing in this Act shall prevent disciplinary proceedings against an advocate for professional misconduct under the Advocates Act, 1961 and the Bar Council of India Rules.

Chapter V: Miscellaneous

10. Non-Applicability to Frivolous Claims

This Act shall not apply where the complaint of violence or threat is found to be malafide or with intent to obstruct justice.

11. Power to Make Rules:

The Central Government, in consultation with the Bar Council of India, may make rules to carry out the purposes of this Act.

Statement of Objects and Reasons by author:

The Bill seeks to address increasing incidents of violence and coercion against advocates, which undermine the independence of the legal profession and the rule of law. In recent years, cases such as the murder of Advocate Darvesh Yadav in Uttar Pradesh (2019), the assault of advocates in district courts across Bihar and Delhi, and threats to whistleblower counsels have raised national concerns. Despite being officers of the court, advocates face systemic vulnerabilities without institutional protections.

This Bill aligns with Articles 14, 19(1)(g), and 21 of the Constitution of India. It draws from principles under the WhistleBlowers Protection Act, 2014; CrPC (Sections 154, 437, 357A); BCI Rules; and international standards such as the UN Basic Principles on the Role of Lawyers (1990).

Thank you for reading.

Authored by:

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

The Spiritual Lawyer 🦅 

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13th May 2025