Advocates are the backbone of the
justice system, yet they often face assault, threats, harassment, and property
damage while simply doing their job, arguing cases, advising clients, or
appearing in different courts. These incidents obstruct the administration of
justice and erode public confidence in the legal process. To address this, the
Bar Council of India (BCI) drafted the “Advocates Protection Bill” 2021,
proposing a central law to shield lawyers from violence and ensure they can
work without fear.
The central government has shown
no interest so far in enacting a nationwide law. An RTI reply in January 2026
confirmed there is “no proposal” from the Union Law Ministry. This has left the
responsibility to state legislatures, where law and order falls under their
domain. Rajasthan and Karnataka rose to the occasion. Delhi, despite repeated
pushes from the High Court and the bar, remains behind.
Rajasthan Sets the Benchmark (2023)
Rajasthan became the “first
state” in India to enact dedicated protection for advocates. The trigger was
shocking: in February 2023, a Jodhpur lawyer was stabbed in broad daylight,
sparking a month-long strike by the state’s bar associations. The Rajasthan
Assembly introduced the bill on 15 March 2023 and passed it (in amended form)
on 22 March 2023. It is now the “Rajasthan Advocates Protection Act, 2023.”
Key Provisions:
Any act of assault,
grievous hurt, criminal force, or criminal intimidation against an advocate
(enrolled under the Advocates Act, 1961, and practising in Rajasthan) while
discharging duties in court premises is an offence.
Punishments: up to 2 years imprisonment + ₹25,000
fine for assault; up to 7 years + ₹50,000 fine for grievous hurt.
The court can direct part of the
fine as compensation to the victim; the offender must also pay medical expenses
and property damages.
Police protection is available on
request.
If a complaint is filed against
an advocate for a cognizable offence during duty, investigation must be done by
at least a DSP within 7 days, and the Rajasthan Bar Council must be informed.
Misuse of the law or false
complaints by an advocate attracts up to 3 years imprisonment.
The law has given Rajasthan’s
lawyers a real sense of security and set a national precedent.
Karnataka Follows the Act (2024)
Karnataka passed the **Karnataka Prohibition of Violence Against Advocates Act, 2023** (Act No. 30 of 2024), which received gubernatorial assent in March 2024 and came into force on 10 June 2024.
Key features:
Defines “violence” as any
act endangering an advocate’s life, causing bodily harm, or involving criminal
intimidation that obstructs professional duties.
Punishment: 6 months to 3
years imprisonment, or fine up to ₹1 lakh, or both. The offence is cognizable.
Police must inform the relevant
Bar Association within 24 hours if an advocate is arrested.
Cases are triable only by a
Judicial Magistrate First Class.
The Act supplements (does not
override) other laws.
Other states like Tamil Nadu have seen court pleas and bar resolutions demanding similar legislation, but only Rajasthan and Karnataka have successfully delivered concrete laws so far.
Delhi: Draft Ready, But Still Waiting
Delhi’s lawyers have faced
similar attacks, acid attacks, stabbings, and threats inside court premises.
Two advocates (Deepa Joseph and Alpha Phiris Dayal) approached the Delhi High
Court seeking the law. The court has repeatedly directed the Government of NCT
of Delhi (GNCTD) to act “expeditiously.”
The Delhi Advocates Protection Bill, 2024 draft
(prepared by the Law Department) includes:
Protection against harassment,
coercion, assault, criminal intimidation, stopping advocates from court
appearances, or damaging their property/documents.
Police protection ordered by the DCP.
Court ordered compensation for
victims.
Punishment: up to 3 years + fine
(5 years + fine for repeat offenders).
Current status (as of late 2025
to early 2026): The final draft has been ready since September 2024 but is
still awaiting approval by the Council of Ministers and Lieutenant Governor’s
assent. The High Court directed the government to share the draft with bar
associations and review lawyers’ objections, yet no enactment has happened.
Why Rajasthan and Karnataka Could Do It, But Delhi Hasn’t
1. Full state powers: Rajasthan and Karnataka
have complete legislative authority over law and order. Their assemblies passed
the bills quickly after bar pressure and tragic incidents.
2. Delhi’s unique NCT Status:
Delhi Police reports to the Union Ministry of Home Affairs (not the state
government). This creates coordination challenges. Any law must also clear the
Lieutenant Governor, adding an extra layer of scrutiny.
3. Bureaucratic and political
delays: The draft has been stuck at the “policy decision” stage in the Council
of Ministers for over a year despite multiple High Court reminders. Competing
priorities and the need for stakeholder consultations (which the court itself
ordered) have slowed progress.
4. No central push: Since there
is no current central legislative proposal moving forward, the idea, states
must act independently. Delhi’s government has prepared a strong draft but
lacks the urgency shown in Rajasthan after the Jodhpur stabbing.
Delhi’s lawyers have submitted
their own draft through bar associations and even included the demand in a
“Lawyers’ Manifesto” during the 2025 Assembly elections. The High Court
continues to monitor, but without political will, the bill remains on paper.
The Way Forward
A uniform central law would be
ideal, but until then, every state and especially the national capital must
follow Rajasthan and Karnataka’s example. Advocates protect citizens’ rights;
the least society can do is protect them. Delhi’s lawyers deserve the same
shield their colleagues in Rajasthan and Karnataka now enjoy. The draft is
ready, the High Court is watching, and the need is glaring. The question is no
longer “Why not Delhi?” it
is “When Delhi?”
The legal fraternity and citizens
alike await the day the Delhi Advocates Protection Act finally becomes law. “Justice delayed for its own guardians
is justice denied to the entire system.”
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