Premium

From getting police protection to receiving compensation: How the Advocates Protection Bill aims to safeguard lawyers

The draft also states that those who commit or abet "acts of violence" against advocates "shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both".

Advocates Protection BillRepeat offenders will be punished with an imprisonment of up to five years and a fine.(Express Photos)

Lawyers in Delhi who are at risk of facing violence are entitled to police protection, the draft of the Delhi Advocates (Protection) Bill underlines. Following the High Court’s directions last month, the Delhi government recently shared the draft with the lawyers who had approached the court over the safety of legal professionals.

“Any advocate who is under the threat of being a victim of an act of violence shall be entitled to police protection. The decision in this regard shall be taken by the deputy commissioner of police concerned in accordance with the rules, which the government may frame in this regard,” reads the draft shared on May 22.

The draft also states that those who commit or abet “acts of violence” against advocates “shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both”. Repeat offenders will be punished with an imprisonment of up to five years and a fine.

These “acts of violence” include harassment, coercion, assault, criminal force or criminal intimidation with an intent to prevent him from discharging duties, coercion to withdraw vakalatnama (legal document that authorises an advocate to represent a party) and loss or damage to any property or documents belonging to the advocate.

“Whoever stops, restrains, or attempts to stop or restrain any advocate from appearing before any court, tribunal, or judicial authority or from discharging his professional duties in any manner before the aforesaid forums shall be deemed to have committed an offence under this Act. Provided that the fact that advocates are on strike or any other similar reason, shall not constitute a defence to any offence committed under this section,” reads the draft.

Along with fines and punishments, the draft also has a provision for compensation of “such amount as may be determined by the Court for causing any act of violence against any advocate”.

There is, however, a caveat. The draft puts a bar on the cognisance of the offences without the recommendation of the Bar Council of Delhi. “Notwithstanding anything contained in this Act or any other law for the time being in force, no court shall take cognisance of any offence punishable under this Act unless there is a recommendation in writing by the Bar Council of Delhi,” the draft says.

Story continues below this ad

Before making a recommendation, the Bar Council of Delhi will conduct a preliminary enquiry to “satisfy itself”. This enquiry shall be completed “preferably” within 90 days of receiving a written complaint from the aggrieved advocate or any authorised representative.

The draft acknowledges a spike in the incidents of assault and intimidation against lawyers in Delhi. “Recently, such incidents have reached alarming heights. This has also resulted in law-and-order situations and deficiencies in rendering professional services by advocates to their clients, apart from causing a deep sense of fear in the minds of advocates,” it reads.

On April 21, the High Court had told the Delhi government to take “expeditious steps, as may be deemed expedient” for enacting the Advocates Protection Bill.

Justice Sachin Datta gave these directions while hearing a petition being filed by advocates Deepa Joseph and Alpha Phiris Dayal seeking direction for the Centre and the Delhi government to consider enacting the Advocates Protection Bill in Delhi.

Story continues below this ad

The High Court had then also directed that a copy of the draft be provided to the applicants. This was finally done on May 22.

As per the Delhi government, the Bill will require approval from the Council of Ministers, after which it will be referred to the Lieutenant Governor for approval.

Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Advertisement
Loading Recommendations...
Latest Comment
Post Comment
Read Comments