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.