Maharashtra Govt Tables Advocates Protection Bill Proposing Upto 7-Year Jail Term For Causing Serious Injuries To Lawyers

Following a series of incidents of attacks on lawyers and after an intervention by the Bombay High Court, the Maharashtra Government on Monday (July 13) tabled the State's Advocates Protection Bill (APB) in its Legislative Assembly, introducing stricter action against assault on advocates.

The Bill which was tabled during the recently concluded Monsoon Session, makes all offences pertaining to assault on advocates or damaging their property etc as "cognisable and non-bailable" offence.

According to the Bill, if any person is booked for assaulting an advocate and causing simple injuries, the said person would be liable for imprisonment from six months to two years and a fine amount of Rs 25,000.

In case of an advocate sustaining "serious injury", the assailant would be liable for imprisonment from "2 years to 7 years" along with a fine amount ranging between Rs 50,000 to Rs 1 Lakh.

Similar strictures are prescribed in the law passed by the Rajasthan government. The Telangana State Legislative Assembly had also passed the Advocates Protection Bill, earlier this year.

In the Bill proposed by Maharashtra, a jail term of six months has been mandated for a person booked for threatening, intimidating or obstructing a lawyer from carrying out his or her work.

In case, someone damages the chambers or office of a lawyer or damages their vehicle and other belongings, the same would be recovered from the assailant with double the market value.

Further, it is mandated for the assailant to bear the medical expenses if s/he assaults a lawyer.

Interestingly, the Bill makes it clear that if the assailant fails to pay the fine amounts then the same will be recovered from their lands by the Revenue Department.

Ensuring prompt action against the assailants, the Bill mandates initiation of enquiry into the complaints by lawyers, within 24 hours and also immediately providing police protection, if needed.

The Bill has also set a tight time frame of 30 days for the investigations into cases rising out of the instant law. It also mandates completion of trial within six months.

The Bill also takes care of false complaints, if any as it mandates a fine of Rs 5,000 to be paid by the complainant lawyer.

To take care of grievances if any, the Bill provides for constitution of District-level Committees to look into security and safety complaints. The committee is to be headed by District Judge, Police Chief (of the District) and Bar Council representative.

To responsibly implement the provisions of this Bill, it is mandated for the Bar Council of Maharashtra & Goa (BCMG) to always ensure strict adherence to the law.