Rajasthan Govt. Tables Advocates Protection Bill, 2023: What Are Its Objectives And Provisions?
The Rajasthan Advocates Protection Bill, 2023 was introduced by the Rajasthan government to the state legislative Assembly on Thursday, March 16, 2023.
Objectives Of The Bill
The bill outlines the penalties for assault, serious bodily harm, criminal force, and criminal intimidation against advocates as well as how to prevent damage or loss to their property as well as issues that are related to and incidental to those crimes.
Know The Substantial Provisions
- Applicability
The Bill shall be applicable on the whole state of Rajasthan. It shall come into force on such date as the State Government may, by notification in the Official Gazette. “Advocates” in the State of Rajasthan are covered by the Rajasthan Advocates Protection Bill, 2023. The Advocates Act of1961, which defines an advocate as “an advocate entered in any role under the provisions of this Act,” gives the term “advocate” the same meaning in the Bill.
- Prohibition of assault, grievous hurt, criminal force and criminal intimidation
When committed against an advocate, assault, severe injury, criminal force, and criminal intimidation are all crimes. As long as there is no such assault, severe injury, criminal force, or criminal intimidation in relation to the performance of an advocate’s duties on the court grounds. The Bill also deems these offences as “cognizable”, indicating that arrests can be made without a warrant. However, such an Act should be in connection with the “discharge of duties of the advocate in the court premises.”
- Advocates To Be Entitled To Police Protection
The Bill aims to provide police protection to an advocate, based on a report made to the police, for the commission of offences against him, as defined in Section 3. However, protection can only be provided “as prescribed in the rules” and if the police deem it necessary.
- Punishments
Section 5 deals with punishments for various offences under the Bill. According to Section5(1), assault or use of unlawful force against an advocate is punishable by up to two years in prison and a fine of Rs 25,000. In contrast, Section5(2) imposes a maximum seven-year prison sentence and a fine of up to Rs. 50,000 on anyone who intentionally causes grievous harm to an advocate.
A maximum of two years in prison and a fine of up to Rs 10,000 are the penalties for the voluntary commission of the crime of criminal intimidation against an advocate under Section 5(3). The punishment can increase to seven years in prison and a fine of up to Rs 20,000 if the threat is intended to result in death, serious injury, the destruction of any property by fire, or it constitutes an offence that is punishable by death or life in prison.
