Can Police Arrest Advocate on Court Premises? Shocking Legal Truths Revealed

Can Police Arrest Advocate on Court Premises?

Introduction

Can police arrest an advocate on court premises? This question is significant, given the legal protections that advocates enjoy in their professional roles. Advocates play a crucial part in the justice system, and laws prevent undue harassment or interference in their duties.

Can Police Arrest Advocate on Court Premises? Legal Protections Explained

Advocates benefit from legal safeguards that restrict police action against them while performing their professional responsibilities. The Advocates (Protection) Bill, 2021 is designed to shield legal practitioners from wrongful prosecution and intimidation.

Section 11 of the Advocates (Protection) Bill, 2021

  • No police officer can arrest or investigate an advocate without explicit orders from the Chief Judicial Magistrate (CJM).
  • If an FIR is filed against an advocate for actions related to professional duties and found malicious by the CJM, bail must be granted immediately.

Restrictions on Police Action

Despite these protections, there are instances where an advocate may be subject to legal action:

  1. Contempt of Court – Advocates can be held in contempt if they engage in misconduct within court premises.
  2. Serious Criminal Offenses – If an advocate is accused of a heinous crime, police can proceed with an arrest but require a warrant or an order from a Magistrate.

Bar Council’s Authority Over Advocates

The Bar Council of India is the regulatory body governing advocates in India. Any complaints regarding professional misconduct fall under the jurisdiction of the Bar Council, not the police or the court. If an advocate is found guilty of misconduct, the Bar Council can take disciplinary action, including suspension or disbarment.

Can Police Arrest Advocate on Court Premises? Court Rulings

Several High Court rulings have reinforced that police cannot arrest advocates on court premises unless mandated by law:

  • The Madras High Court ruled that police officers cannot enter court premises to arrest an advocate, as it would disrupt judicial proceedings.
  • Courts consistently affirm that advocates, as officers of the court, should be given due protection and should not be arrested arbitrarily.

Additional Considerations

  • Legal Precedents: Various court judgments have upheld the rights of advocates, ensuring their professional autonomy is respected.
  • Advocate’s Responsibilities: While protected, advocates must still adhere to legal and ethical standards.
  • Public Interest: The law balances advocate protections with the need for justice in cases of serious offenses.

Conclusion

Can police arrest an advocate on court premises? In general, police cannot arrest an advocate on court premises unless it involves contempt of court or a serious criminal offense, and even then, proper judicial approval is required. The Advocates (Protection) Bill, 2021 reinforces these safeguards to ensure advocates can perform their duties without undue interference. If an advocate faces wrongful prosecution, they can seek protection under the law and request bail from the Chief Judicial Magistrate.


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NUJS National Disability Law Moot 2025 – India’s 1st Moot on Disability Rights

NUJS National Disability Law Moot 2025 – A Historic Step Toward Inclusive Legal Advocacy

The NUJS National Disability Law Moot 2025 is India’s first national-level moot court competition dedicated solely to the legal rights of persons with disabilities (PwDs). Organized by the prestigious West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, this competition sets a new precedent in legal education by focusing exclusively on disability law.

With a history of hosting top-tier events such as the NUJS-HSF Moot, ADR Mediation Competition, and Para-Invicta, NUJS continues its tradition of promoting inclusivity and justice with this pioneering initiative.

What Is the NUJS National Disability Law Moot 2025 About?

This moot is designed to:

  • Encourage legal scholarship in disability law
  • Highlight critical themes like workplace discrimination, inclusive education, and accessibility
  • Create a national platform for future legal professionals to explore and argue real-world issues under the Rights of Persons with Disabilities Act, 2016

The competition includes:

  • Memorial Qualification Round
  • Offline Oral Rounds at the WBNUJS campus in Kolkata
  • Researcher’s Test for qualifying teams

Key Dates and Deadlines

EventDate
Registration OpensMay 30, 2025
Clarification DeadlineJune 25, 2025
Registration ClosesJune 30, 2025
Memorial SubmissionJuly 12, 2025
Oral Round ShortlistJuly 21, 2025
Oral Rounds at WBNUJSAugust 21–24, 2025

Eligibility & Team Composition

  • Open to undergraduate law students in any Indian university
  • 2 to 3 members per team
  • Cross-college teams allowed
  • No cap on the number of teams per institution
  • Postgraduate students are not eligible

Awards & Recognition

The NUJS National Disability Law Moot 2025 offers extensive awards, including:

  • Winning, Runners-Up & Second Runners-Up Teams
  • Best Advocate (Prelims and Overall)
  • Best Memorials (Petitioner & Respondent)
  • Best Researcher & Runner-Up
  • Certificates for Semi- and Quarter-Finalists
  • Participation certificates for all teams

Registration Fees & Optional Accommodation

  • Memo Round Fee: ₹2,500/team
    • ₹2,100 for teams with at least one PwD participant
  • Oral Round Fee (for shortlisted teams): ₹2,000
  • Accommodation (optional): ₹5,500/team (August 21–24)

Payment Details:

  • Account Name: Student Juridical Association
  • Account No: 520101246976299
  • IFSC Code: UBIN0906638
  • Bank: Union Bank, NUJS Branch, Salt Lake, Kolkata

Registration Process

  1. Fill the official Google Form: https://forms.gle/sZHKXriWTy4EEfGL8
  2. Email the following to nationaldisabilitymoot@nujs.edu:
    • Names, Years, and Institutions of team members
    • College ID Cards
    • Payment screenshot

Contact Details

  • Email: nationaldisabilitymoot@nujs.edu
  • Chair: Kinjal Das – +91 75959 65675
  • Deputy Chairs:
    • Anushka Maji – +91 86174 78308
    • Saarthak Samadder – +91 94330 48880
  • Board of Directors:
    • Ritika Amlajiya – +91 80943 45186
    • Shubhankar Singha – +91 96797 30493

Final Words

The NUJS National Disability Law Moot 2025 is not just another moot—it’s a platform for change. By promoting awareness of the challenges faced by PwDs through legal debate, WBNUJS is nurturing future lawyers who will lead the way in accessibility and justice.

Don’t miss this opportunity to be part of history. Register today and join us in Kolkata for a groundbreaking legal experience.


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Top 5 Struggles of Being an Advocate: Powerful Insights into the Legal Profession

The struggles of being an advocate reflect the lesser-seen realities of the legal profession—challenges that demand resilience, reform, and recognition.

Introduction

The legal profession has long been regarded as one of the most respected careers, associated with prestige, power, and the ability to uphold justice. However, the journey of an advocate is far from glamorous. Behind the courtroom debates and meticulously crafted arguments lies an intense struggle that many young and even experienced advocates face throughout their careers.

From financial hardships in the early years to the mental and emotional toll of handling complex cases, being an advocate requires perseverance, dedication, and an unwavering commitment to the pursuit of justice. While the legal profession plays a crucial role in society by protecting rights and ensuring justice, the personal and professional struggles that advocates endure are often overlooked.

This article explores the multifaceted challenges faced by advocates, analyzing financial constraints, mental health struggles, ethical dilemmas, and systemic barriers. Additionally, it examines possible reforms and support mechanisms that can help ease these difficulties, making the legal profession more sustainable and rewarding.

Financial Struggles: The Harsh Reality of Starting Out

1. Low Initial Earnings
For fresh law graduates, finding well-paying opportunities can be daunting. Many law firms offer meager stipends to junior advocates, while independent practitioners often struggle to attract clients. Unlike corporate jobs where employees receive monthly salaries, independent advocates rely on case-to-case payments, which can be inconsistent.

2. Unpaid Internships and Apprenticeships
Before even being recognized as independent advocates, fresh graduates must gain experience by interning under senior lawyers. Many of these internships are unpaid or offer minimal stipends, making it financially burdensome for young professionals to sustain themselves.

3. High Costs of Establishing a Practice
Setting up an independent practice requires substantial investment in office space, legal resources, and networking. For those from economically weaker backgrounds, these financial constraints become an even greater challenge, often pushing them to abandon independent practice for salaried positions, which may not align with their long-term aspirations.

Work-Life Balance: The Never-Ending Workload

1. Long Working Hours
Legal cases require extensive research, documentation, and preparation. It is common for advocates to spend late nights preparing for hearings, drafting petitions, or studying case laws. This demanding schedule makes it difficult to maintain a balanced life, leading to burnout.

2. Unpredictable Court Schedules
Unlike corporate jobs where work hours are relatively fixed, court proceedings can be unpredictable. Adjournments, last-minute case listings, and extended arguments mean that advocates often have to be available at all times, disrupting personal plans and commitments.

3. Client Expectations and Pressure
Clients expect advocates to be available at their convenience, often calling them at odd hours for legal advice. This expectation, combined with the high stakes involved in legal matters, adds immense pressure to advocates’ already demanding schedules.

Ethical Dilemmas: Balancing Justice and Professional Obligations

1. Defending the Guilty
One of the most debated ethical dilemmas is representing clients who may be guilty. While the principle of “innocent until proven guilty” is fundamental, some advocates struggle with defending individuals they personally believe to be at fault. Balancing professional duty with personal ethics can be mentally exhausting.

2. Pressure to Manipulate Facts
In certain cases, advocates face pressure to exaggerate or withhold facts to strengthen their client’s case. Ethical advocates must resist such temptations, but this can sometimes lead to losing clients or facing hostility from their own colleagues.

3. Conflicts of Interest
Advocates sometimes find themselves in situations where representing a client might conflict with their personal beliefs or prior professional associations. Navigating these conflicts requires careful decision-making to uphold professional integrity while safeguarding personal values.

Mental and Emotional Toll: The Hidden Struggles

1. Stress and Anxiety
Courtroom battles are intense, and the responsibility of securing justice for a client can be overwhelming. The fear of losing a case, disappointing a client, or making an error in legal arguments contributes to stress and anxiety.

2. Emotional Detachment vs. Compassion Fatigue
While advocates are expected to approach cases objectively, some cases—especially those involving human rights violations, domestic abuse, or wrongful convictions—can be emotionally distressing. Striking a balance between professional detachment and empathy is a constant challenge.

3. Public Scrutiny and Criticism
High-profile cases attract media attention, and advocates representing controversial clients often face public scrutiny and even threats. This adds another layer of pressure, forcing advocates to maintain composure under intense societal judgment.

Competition and Networking: The Battle for Recognition

1. Struggles of Independent Practitioners
While established law firms offer structured career growth, independent practitioners must build their reputation from scratch. Gaining clients, earning trust, and proving legal expertise require years of perseverance.

2. Lack of Mentorship
Young advocates often struggle due to a lack of proper guidance. Unlike corporate settings with structured training programs, the legal field requires self-learning, and the absence of mentors makes career progression more difficult.

3. Influence of Political and Social Connections
In many legal circles, success is often influenced by political and social connections. Those without influential backing may find it harder to secure significant cases or climb the professional ladder.

Reforms and Support Systems: The Way Forward

1. Financial Support for Young Advocates
Governments and bar associations should introduce financial aid programs, stipends, or low-interest loans to support young advocates in their initial years.

2. Mentorship and Training Programs
Structured mentorship programs can help bridge the knowledge gap, offering guidance to young lawyers on case strategies, client handling, and courtroom conduct.

3. Work-Life Balance Initiatives
Bar councils should promote policies that encourage work-life balance, including mental health support, flexible working arrangements, and awareness programs on stress management.

4. Strengthening Ethical Standards
Stronger ethical regulations and disciplinary actions can help ensure that advocates maintain professional integrity while protecting their mental well-being.

Conclusion

The struggles of being an advocate go beyond the courtroom battles and legal arguments. Financial instability, long working hours, ethical dilemmas, mental health challenges, and intense competition make this profession one of the most demanding. However, despite these difficulties, advocacy remains a noble profession that plays a crucial role in upholding justice.

By acknowledging these struggles and implementing necessary reforms, we can create a legal system that not only supports justice but also safeguards the well-being of those who fight for it. The resilience and dedication of advocates remain the backbone of the judiciary, and it is essential to ensure that their efforts are recognized and supported.


Divya Srivastava ( Lloyd School of Law – 1st year of 3-year LLB )

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