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How the Advocates Protection Bill Protects Delhi Lawyers
The Delhi Advocates Protection Bill has been proposed to address concerns regarding the safety and professional protection of advocates practising in the national capital. The proposed framework includes provisions relating to police protection, offences involving violence against advocates, compensation and safeguards for advocates performing their professional duties.
However, it is important to understand its current legal status. The provisions discussed in this article are based on the draft Delhi Advocates Protection Bill, 2024, and should not be presented as provisions of an enacted Delhi law. In April 2025, the Delhi High Court directed the Delhi Government to take expeditious steps concerning enactment of the proposed legislation.
Why Was an Advocates Protection Bill Proposed?
The demand for a specific protection framework for advocates has arisen in the context of reported incidents involving assault, intimidation and threats against lawyers.
In proceedings before the Delhi High Court, advocates sought directions concerning the enactment of legislation intended to protect legal professionals. The Court's April 21, 2025 order dealt with the draft Advocates Protection Bill, 2024 and directed that the draft be provided to the applicants.
The proposed legislation is intended to address situations where threats or violence interfere with an advocate's ability to perform professional duties.
Is the Advocates Protection Bill Already a Law in Delhi?
This is an important distinction.
The Advocates Protection Bill discussed in relation to Delhi is a proposed/draft legislation, not a law that should be treated as fully enacted and enforceable.
In May 2025, reporting on the draft stated that the Delhi Government had prepared a final draft and that it would require consideration by the Council of Ministers and subsequent constitutional approval steps.
The Delhi High Court continued to deal with the issue during 2025. In December 2025, the Court directed the Delhi Government to consider objections raised by the Coordination Committee of All District Courts Bar Associations of Delhi concerning the draft Bill.
Therefore, readers should distinguish between a draft Bill and an enacted Act.
How Could the Proposed Bill Protect Delhi Lawyers?
The draft reported in the Delhi proceedings contains several proposed safeguards.
1. Police Protection for Advocates Facing Threats
One of the significant proposed protections is police protection for an advocate who is under threat of becoming a victim of an act of violence.
According to the reported draft, an advocate facing such a threat would be entitled to police protection, with the decision concerning protection to be taken by the concerned Deputy Commissioner of Police according to the applicable rules.
This provision is intended to provide a formal mechanism for addressing threats against advocates rather than leaving every incident to ordinary informal complaints.
The exact operation of such protection would depend on the final enacted legislation and rules, if the Bill becomes law.
2. Protection Against Violence and Intimidation
The proposed framework defines certain conduct directed against advocates as acts of violence.
The reported draft includes conduct such as:
Harassment
Coercion
Assault
Criminal force
Criminal intimidation
Attempts to force an advocate to withdraw a vakalatnama
Damage to an advocate's property or documents
The proposed protection is particularly connected with conduct intended to prevent an advocate from performing professional duties.
This means the proposed legislation is not limited to physical assault. Certain forms of coercion, intimidation and interference with professional work are also contemplated.
3. Protection Against Interference With Court Appearance
The draft also addresses conduct intended to stop or restrain an advocate from appearing before a court, tribunal or other judicial authority.
This is significant because an advocate's professional function includes representing clients before judicial and quasi-judicial forums.
If enacted in its present or a modified form, such a provision could create an additional statutory mechanism against conduct that unlawfully interferes with an advocate's professional duties.
The final scope, however, would depend on the legislation ultimately enacted and the interpretation given by courts.
4. Punishment for Acts of Violence
The reported draft proposes criminal consequences for persons who commit or abet specified acts of violence against advocates.
According to the May 2025 reporting on the draft, a person committing or abetting such an act could face imprisonment of up to three years, or fine, or both. For repeat offenders, the draft proposes imprisonment of up to five years along with fine.
These are proposed penalties, not penalties under an already enacted Delhi Advocates Protection Act.
Therefore, the exact punishment should always be checked against the final legislation if and when it comes into force.
5. Compensation for Advocates
Another important feature of the reported draft is a provision for compensation.
The draft proposes that a court may determine an amount of compensation for an act of violence committed against an advocate.
Compensation can be particularly relevant where an incident causes financial or other legally recognised losses.
However, because the Bill remains a proposed framework, advocates should not currently describe this provision as an existing statutory right under a Delhi Advocates Protection Act.
6. Protection Relating to Professional Duties
The proposed Bill is aimed not only at the physical safety of lawyers but also at protecting their ability to perform professional responsibilities.
For example, conduct intended to force an advocate to withdraw from representing a client or to prevent the advocate from appearing before a judicial authority is specifically addressed in the reported draft.
The broader objective is to ensure that threats or coercion do not unlawfully interfere with professional legal representation.
7. Role of the Bar Council of Delhi
The draft also contains a significant procedural provision concerning the Bar Council of Delhi.
According to the reported draft, a court would not take cognisance of an offence punishable under the proposed Act unless there was a written recommendation from the Bar Council of Delhi.
Before making such a recommendation, the Bar Council would conduct a preliminary inquiry. The draft reportedly states that this inquiry should preferably be completed within 90 days of receiving a written complaint from the affected advocate or authorised representative.
This proposed mechanism would therefore give the Bar Council a defined role in the process.
What Happens if a Lawyer Is Threatened Today?
Because the proposed Delhi Advocates Protection Bill has not become an enacted protection law, an advocate facing an immediate threat cannot simply rely on the proposed Bill as an existing statutory remedy.
Depending on the facts, the advocate may need to use remedies available under existing criminal law and other applicable legal provisions.
For an immediate emergency involving a threat to life or physical safety, contacting the appropriate emergency or police authorities may be necessary.
Where the incident involves assault, intimidation, criminal force, property damage or other offences, the available legal remedy will depend on the facts and applicable law.
Delhi High Court's Role in the Bill
The Delhi High Court has played an important role in the litigation concerning the proposed legislation.
In April 2025, Justice Sachin Datta directed the Delhi Government to take expeditious steps concerning enactment of the Advocates Protection Bill. The Court was dealing with a petition seeking consideration of legislation for protection of advocates in Delhi.
The proceedings subsequently involved consideration of objections to the 2024 draft. In December 2025, the Court directed the Delhi Government to consider objections submitted by the Coordination Committee of All District Courts Bar Associations of Delhi.
This shows that the draft remained part of an ongoing legal and governmental process rather than an already settled statutory framework.
Is There a Central Advocates Protection Act?
The position at the Union level should also be distinguished from the Delhi proposal.
A January 2026 report based on an RTI response stated that the Union Law Ministry had said there was no proposal, at that time, for the Government to enact an Advocates Protection Bill.
Therefore, the Delhi draft and any proposed national legislation should not be treated as the same legal instrument.
What Could Change if the Bill Is Enacted?
If the Delhi legislation is eventually enacted, its final provisions could establish a specific statutory framework for:
Police protection in qualifying threat situations
Offences involving violence against advocates
Penalties for specified acts
Compensation
Protection against interference with professional duties
A role for the Bar Council of Delhi in the complaint process
However, the final enacted text may differ from the current draft.
Until the legislation is formally enacted and brought into force, the draft provisions should be described as proposed safeguards, not as enforceable rights under an existing Advocates Protection Act.
Conclusion
The proposed Delhi Advocates Protection Bill seeks to create additional safeguards for lawyers facing violence, intimidation or interference with their professional duties.
Its reported provisions include police protection for advocates facing threats, proposed punishments for specified acts of violence, compensation and a role for the Bar Council of Delhi in the complaint process.
At the same time, the legal status of the proposal is crucial. The Bill discussed in these Delhi proceedings should not be described as an already enacted law. The Delhi Government's draft was still undergoing governmental and legal consideration, including objections raised by district court bar associations.
For lawyers and legal professionals in Delhi, the final enacted text and any rules issued under it will determine the actual scope of protection.
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This article is provided for general informational purposes only. It does not constitute legal advice and does not create an advocate-client relationship.