The Telangana Advocates Protection Act, 2026
The Telangana Advocates Protection Act, 2026
Chapter I PRELIMINARY
1. Short title, extent and commencement
- (1) This Act may be called the Telangana Advocates Protection Act, 2026.
- (2) It extends to the whole of the State of Telangana.
- (3) It shall come into force on such date as the State Government may, by notification in the Telangana Gazette, appoint.
Chapter I PRELIMINARY
2. Definitions
- (1) In this Act, unless the context otherwise requires,-
- (a) “Act of violence” means and includes any act committed by any person against an Advocate or his family members, with an intent to prejudice or derail the process of impartial, fair and fearless conduct of any litigation before any court, tribunal or authority in which such practicing Advocate is engaged or acts of retribution towards the outcome of proceedings before any of the above forums and includes the following:-
- (i) Harassment (physical or mental), coercion, assault, malicious prosecution, criminal force or criminal intimidation impacting the living or working conditions either inside or outside of such advocates and preventing them from discharging their duties;
- (ii) Harm, injury, hurt or danger to the life of such Advocates, or their family members, either within the premises of the Courts or otherwise;
- (iii) Coercion or criminal intimidation by whatsoever means, of an Advocate to reveal or part with privileged communication or material which such Advocate is bound to hold in confidence under law;
- (iv) Coercion, criminal intimidation by whatsoever means, of an Advocate not to represent or to withdraw his Vakalathnama or Memo of appearance to act, plead or appear on behalf of a client before any court, tribunal or authority.
- (b) “Advocate” shall have the same meaning as assigned to the definition of Advocate under Section 2(1)(a) of the Advocates Act, 1961;
- (c) “Client” means the person who is availing professional legal services representing from an advocate to representing before any Court or Tribunal or any other statutory adjudicating authority;
- (d) “Court” means and includes, any Court, Tribunal, Authority, Commission or any other Body exercising judicial or quasi-judicial powers, established by law for the time being in force;
- (e) “Cyber-crime” means any act committed through digital means intended to harass, intimidate, defame or otherwise harm to an advocate, including but not limited to, hacking, identity theft, distribution of private or sensitive information, online defamation (cyber-libel) and the creation of sharing of deep-fakes or morphed images/videos;
- (f) “Family members” means any person in relation to an Advocate includes the spouse, son, daughter, parents, brothers, sisters;
- (g) “Government” means the Government of Telangana;
- (h) “Opposite client” means the person against whom an advocate renders professional legal services to a client;
- (i) “Professional duties” means and includes the duties and responsibilities as stipulated in the Advocates Act, 1961 and any other law for the time being in force;
- (j) “Property” means any property, movable or immovable including files and documents or equipment or furniture or machinery owned by or in possession of any advocate.
- (a) “Act of violence” means and includes any act committed by any person against an Advocate or his family members, with an intent to prejudice or derail the process of impartial, fair and fearless conduct of any litigation before any court, tribunal or authority in which such practicing Advocate is engaged or acts of retribution towards the outcome of proceedings before any of the above forums and includes the following:-
- (2) Words and expressions used in the Act, but not defined shall have the same meaning as assigned to them in the Advocates Act, 1961, the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 and the Bharatiya Nyaya Sanhita, 2023 and the Telangana General Clauses Act, 1891.
Chapter II OFFENCES AND PENALTIES
3. Prohibition of violence
Any 'act of violence’ as defined under clause
- (a) of sub-section
- (1) of section 2, against an Advocate or his family members, shall be an offence.
Chapter II OFFENCES AND PENALTIES
4. Punishment for act of violence
Notwithstanding anything contained in any other law for the time being in force,-
- (1) whoever commits or abets or conspires the commission of an 'act of violence’, against an advocate or his family members, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to three years and with fine which shall not be less than rupees twenty five thousand and which may extend to rupees fifty thousand.
- (2) whoever attempts to commit the act of violence shall be punishable with half of the punishment provided under sub-section (1). (3)
- (i) Any person found to have initiated malicious prosecution against an Advocate, shall be punishable with imprisonment which may extend to three years or with fine which may extend to rupees twenty five thousand or with both
- (ii) such person shall be liable to pay compensation of such amount as may be determined by the Court. (4)
- (i) Whoever, being an advocate, misuses the provisions of this Act or uses the same for malicious prosecution or makes false or vexatious complaint shall be punishable with imprisonment which may extend to three years or fine which may extend to rupees twenty five thousand or with both.
- (ii) Such advocate shall also be liable to pay compensation of such amount as may be determined by the Court.
Chapter II OFFENCES AND PENALTIES
5. Enhanced punishment
Whoever, having been convicted of an offence under this Act, is again convicted for the second or subsequent offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than rupees fifty thousand and which may extend to rupees one lakh
Chapter II OFFENCES AND PENALTIES
6. Victims compensation
- (1) The victims of 'act of violence’ or their dependents are entitled to compensation in accordance with the provisions of sections 395 and 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or the Telangana Victim Compensation Scheme.
- (2) Upon failure to pay the compensation awarded under sub-section
- (1) hereinabove, such amount shall be recovered as arrears of fine as per the provisions of section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or arrears of land revenue under the Telangana Revenue Recovery Act, 1864.
Chapter II OFFENCES AND PENALTIES
7. Liability to pay damages
In addition to the punishment specified in sections 11 and 12, the offender, in appropriate cases, shall also be liable to pay damages for loss or damage to the person or property of the victim as may be determined by the Court and the same shall be recovered as fine as per the provisions under section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or arrears of land revenue under the Telangana Revenue Recovery Act, 1864.
Chapter II OFFENCES AND PENALTIES
8. Nature of offence and trial of Courts
Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 or any other law for the time being in force,-
- (i) all offences punishable under this Act shall be cognizable and non-bailable;
- (ii) any case registered under the provisions of this Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police or Assistant Commissioner of Police;
- (iii) investigation of a case registered under the provisions of this Act shall be completed within a period of sixty days from the date of registration of the First Information Report or within such time as may be extended by the concerned Commissioner of Police or Superintendent of Police for the reasons to be recorded in writing;
- (iv) the offences under this Act shall be tried by the Chief Judicial Magistrate;
- (v) in every inquiry or trial, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary, for reasons to be recorded;
- (vi) every inquiry or trial shall be made to ensure that concluded as expeditiously as possible preferably within a period of six months from the date of appearance of the accused:
Chapter II OFFENCES AND PENALTIES
9. Provided that where the trial is not concluded within the said period, the Magistrate may extend the same duly recording valid and sufficient reasons in writing.
Compounding of offences Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, the offences punishable under this Act shall be compoundable by the aggrieved person with the permission of the Court.
Chapter III SAFEGUARDS FOR PROTECTION OF ADVOCATES
10. Police protection
On any report made to the police by an advocate in respect to any offence mentioned in section 3 and 4 of the Act committed against him, the police may, if deemed necessary, provide him protection for such period and in such manner as prescribed.
Chapter III SAFEGUARDS FOR PROTECTION OF ADVOCATES
11. Advocate deemed to be officer of the court
An advocate discharging professional duties in a Court, shall be deemed to be an officer of such Court or Institution, and shall be extended same courtesies as are available to the officers of such Court.
Chapter III SAFEGUARDS FOR PROTECTION OF ADVOCATES
12. Grievance Redressal Committee
- (1) The High Court shall constitute Grievance Redressal Committees at every level for redressal of grievances of the Advocates. (2)
- (a) The State Level Committee shall consist of the following:-
- (i) Chief Justice of the Hon’ble High Court or his nominee as Chairman;
- (ii) Chairman, Bar Council of Telangana or his nominee as Member;
- (iii) President, High Court Advocates Association as Member;
- (iv) Any other person as the High Court may deem fit and proper as Member.
- (b) District Level Committee shall consist of the following:-
- (i) Principal District Judge or any Senior Officer nominated by him as Chairman;
- (ii) President of the District Bar Association as Member;
- (iii) One senior member of the Bar Council concerned of the District as Member;
- (iv) Any other person as the High Court may deem fit and proper as Member.
- (c) Taluka/Mandal Level Committee shall consist of the following:-
- (i) Senior most Judicial Officer as Chairman;
- (ii) President, Bar Association of the concerned courts as Member;
- (iii) One senior member of the Bar Council, if any as Member;
- (iv) Any other person as nominated by the High Court. (3)
- (i) Any Advocate having any grievance, complaint or dispute in the discharge of his duties may bring the same to notice of the Chairman of the concerned Committee or any person authorized by him.
- (ii) The matter shall be placed before the Committee and the Committee shall hear the concerned parties and shall make conciliatory efforts to resolve the issue amicably and peacefully in the best interests of the institution and larger interest of the legal fraternity.
- (a) The State Level Committee shall consist of the following:-
Chapter III SAFEGUARDS FOR PROTECTION OF ADVOCATES
13. Protection of actions taken in good faith
- (1) The Government shall recognize and respect all communications and consultations including digital communications and consultations between the Advocates and their clients within their professional relationship and they shall be treated as confidential.
- (2) Advocates shall be entitled to form and join professional associations to represent their interest, promote their continued education, and training and protest for their rights, privileges, professional integrity, and duties and shall exercise their functions without any external interference (except any direct or indirect prohibitory order/resolution of the Statutory bodies under the Advocates Act, 1961).
- (3) No suit, prosecution or other legal proceedings shall lie against public servants for anything which is done in good faith or intended to be done.
Chapter III SAFEGUARDS FOR PROTECTION OF ADVOCATES
14. Protection from illegal arrests and malicious prosecution of Advocates
No Police Officer shall arrest an Advocate except in accordance with the procedure prescribed and the safeguards provided under Sections 35 to 62 in Chapter V of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Chapter III SAFEGUARDS FOR PROTECTION OF ADVOCATES
15. Compensation for malicious/vexatious prosecution
Any suit or legal proceedings initiated against an advocate while discharging his official duties, if found to be malicious/vexatious, is liable to be dismissed, or quashed with costs, as the concerned court may deem fit and proper.
Chapter IV GENERAL PROVISIONS
16. Act not in derogation of other Law
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
Chapter IV GENERAL PROVISIONS
17. Power to make rules
- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) Every rule made under this Act shall be laid, as soon as maybe after it is made, before each House of Legislature, while it is in session for a total period of sixty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter IV GENERAL PROVISIONS
18. Application of Bharatiya Nagarik Suraksha Sanhita, 2023 to proceedings under this Act
Save as otherwise provided in this Act, the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (including the provisions as to bail and bonds and appeals) shall apply to the proceedings before the Court.
Chapter IV GENERAL PROVISIONS
19. Power to remove difficulties
If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may make such order, not inconsistent with the provisions of this Act as may appear to them to be necessary or expedient for the purpose of removing such doubt or difficulty.
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