Advocate protection

What is Advocate Protection?

Advocate protection refers to a system or mechanisms designed for advocates to ensure safeguards regarding the safety, rights, and welfare of legal advocates such as (senior and junior) lawyers who engage in advocacy. In India, the discussion about the Advocate Protection Act has been forwarded due to the rapid increase of incidents such as violence, threats, harassment, and intimidation that arise in their professional field.

Official Definition of Advocate Protection

Advocate Protection as defined in legislation

As of January 2025, India does not have an official, nationwide definition or law specifically dedicated to "advocate protection." However, efforts have been made towards enacting such legislation by different states like Delhi, Uttar Pradesh, Punjab & Haryana, Telangana, etc.

• Rajasthan: On March 21st, 2023, the Rajasthan Advocate Protection Bill, 2023 was approved by Rajasthan, making it the first state in the country to provide legal professionals with protection against threats and other actions such as assault, significant bodily harm, criminal force, and criminal intimidation. The Bill did not receive President's assent and has been returned.

• Uttar Pradesh:  The Uttar Pradesh government has formed a committee to deliberate on an Advocate Protection Law.
• The State Bar Council of Punjab and Haryana has formulated drafts of the Punjab Advocates (Protection) Bill, 2023, and the Haryana Advocates (Protection) Bill, 2023 to be handed over to the respective State Governments. The bill strengthens the enforcement mechanisms for protection orders issued under the Domestic Violence Act. It mandates prompt action by law enforcement agencies to ensure compliance and provides clear guidelines for the implementation of these orders. The bills define an "act of violence" against advocates to include harassment, coercion, assault, criminal force, or threats that impact their living or working conditions, thereby preventing them from discharging their duties. Advocates under threat can apply for police protection. The bills mandate that any decision to withdraw, reduce, or discontinue such security requires prior notice of one week to the advocate.
• Telangana: The government of Telangana has released the draft Telangana Advocates Welfare and Protection Bill, 2024 for public consultation.

Karnataka is the only state with Advocate Protection law in place

Karnataka Prohibition of violence against Advocates Act, 2023.

The Karnataka Prohibition of Violence against Advocates Act, 2023 defines violence elaborately as any action that endangers the life of an advocate, inflicts bodily harm, or causes intimidation. Such acts are recognized as obstructive to the advocates’ ability to perform their professional duties effectively.  Some of the important features of the act are:

• Protection from Offenses: Anyone found guilty of using violence against a lawyer may be sentenced to six months to three years in jail, a fine of ₹1 lakh, or both.  
• Notification Requirement: Within 24 hours of an advocate being taken into custody for a crime that qualifies as a criminal offense, the police are required to notify the advocates’ association’s president or secretary.
• Judicial Process: To ensure legal responsibility and due process, offenses under the Act are tried by a court not lower than the rank of Judicial Magistrate of First Class.

Draft Advocate Protection Bill, 2021

The Bar Council of India issued the Advocates Protection Bill, 2021 on July 2, 2021, aimed at safeguarding the rights and interests of lawyers in the country. The major goal of this draft bill is to ensure the security and safety of advocates and their families against crimes like assault, kidnapping, unlawful imprisonment, and many more. The Advocates (Protection) Bill, 2021 includes provisions for advocate safety and financial aid for the poor advocates.

The Bar Council of India on 10 June 2021 issued a notice to constitute a 7-member committee to draft the Advocate Protection Bill. The Bill was released on July 2nd, 2021. It aimed at protecting the advocates against rising crimes to let them deliver their duties properly. Some significant features include:

1. Punishment of rigorous imprisonment for causing injury to an Advocate
2. Empowering Court’s to award compensation to Advocates for the wrongs committed against them
3. Police protection in case of any threat
4. Protection from illegal arrests and malicious prosecution
5. Protection of action against an advocate for any act done in due conduct of his duties.
6. Social security benefits in the form of grant of financial aid and assistance to all the needy advocates during any situation of epidemic and natural calamities.
7. Loan facilities to needy advocates on reasonable rate of interest.

Advocate Protection as defined in International Instruments

Basic Principles on the Role of Lawyers

The "Basic Principles on the Role of Lawyers," adopted at the Eighth UN Congress on Crime Prevention in Havana, Cuba, specifically outlines in Clauses 16 and 17 that lawyers have the right to practice their profession without interference, freely travel to consult with clients, and are protected from any punitive actions taken against them solely due to their professional activities, essentially guaranteeing their ability to function independently as legal advocates.

Clause 16 States

"Governments shall ensure that lawyers

• (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
• (b) are able to travel and to consult with their clients freely both within their own country and abroad; and
• (c) 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 states

"Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities."

Advocate Protection as defined in Official Documents

Parliamentary Questions

The Ministry of Law and Justice, Government of India in reply to Unstarred Question 4312, answered on 20 December, 2024 said that there is no proposal of the Government to enact the Advocates Protection Bill, for the present.

International Experience

Pakistan

The National Assembly of Pakistan has recently passed a law titled “the Lawyers Welfare and Protection Act, 2023” to ensure that the advocates can render professional services without fear or external influence for the ultimate cause of the administration of justice and the rule of law. The Act defines "act of violence" extensively, encompassing harassment, coercion, criminal force, threats, and any action intended to prejudice or derail the impartial conduct of legal proceedings. This broad definition ensures that various forms of intimidation or interference with advocates are recognized and addressed. To try crimes under this law, the Act requires the establishment of special courts throughout Pakistan, which include Additional Sessions Judges. In order to provide advocates with prompt justice, these courts are empowered to handle related offences and are directed to render decisions quickly—ideally within six months.

Research that engages with Advocate Protection

Advocates Protection Act, Rule Of Law, UDHR, ICCPR, UNHRC (2023)

The article by Naman Sharma, published in Live Law explores the need for advocate protection act in India, addressing the rising violence against lawyers. The article comprehensively delves into the international context, comparing and analysing protections for lawyers in various countries. The research emphasis the systematic flaws and risks that the lawyers have to face, affecting their ability to practise freely and independently. The article connects the Advocate Protection Act with broader human rights instruments like UDHR, ICCPR, and UNHRC, exploring the gaps in national protection for lawyers. Gaps include the lack of comprehensive legislation in India, while overlaps occur with broader legal frameworks on human rights and safety. The practical difficulties of implementing the Advocates Protection Act in various jurisdictions, particularly in areas with inadequate institutional frameworks, may not be adequately covered by the research. The document calls for a balance between national security and the protection of advocates' rights.The document calls for a balance between national security and the protection of advocates' rights.