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Proposed Draft  of Rules :

    Statement of Objects & Reasons :  Unfortunately, there is no provision in the Law of Land for an Advocate against the offence purported to have been committed during the course of discharging professional duty even performed with utmost care, diligence and reasonable prudence for securing justice for the client while  safeguarding  professional dignity, honour and self respect, therefore, it is considered necessary to enact law to protect the Advocates from Arrest, Detention and remand of Police custody for the offence purported to have been committed during the course of discharging professional duty :In exercise of the powers conferred by sec. 49-A  of the Advocates Act, 1961, the Central Government, hereby, makes the following rules, namely:-

  1. Short title and commencement : These  rules may be called the  Advocates       (Protection against Malicious Prosecution ) Rules, 2008.  

2.  It shall come into force at once.

3.  Prosecution of Advocate : When any person who is  an Advocate is accused of any offence alleged to have been committed by him while acting  or purporting to act in the course of discharging  his professional duty, no court ,  shall take cognizance of such offence except  with the previous sanction of the State Bar Council. -where such person is duly enrolled as an Advocate and only after prima-facie case is duly adjudged by the Disciplinary Committee of the State Bar Council.

4. Appeal:   As otherwise provided in the Advocates Act, 1961 and the Bar Council of India Rules, 1975  an appeal from the order of the State Bar Council shall lie to the Bar Council of India within 30 days from the date of the order.

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