In a significant legislative move, the Karnataka State Legislative Assembly has passed the Karnataka Prohibition of Violence Against Advocates Act, 2023. This landmark legislation aims to address the increasing incidents of violence and malicious prosecutions faced by advocates while performing their professional duties.
Key Provisions of the Act
- Definition of Advocate:
The Act defines an advocate according to the Advocates Act, 1961, including individuals holding a valid certificate of practice issued by the Karnataka State Bar Council and being members of any Bar Association. - Definition of Violence:
Violence under this Act includes any activity that endangers the life of an advocate, causes bodily harm, or involves criminal intimidation hindering the discharge of their duties related to pending litigation or cases before any court, tribunal, or authority. - Penalties:
Offenses under this Act are cognizable, and those convicted may face imprisonment ranging from six months to three years or a fine extending up to ₹1 lakh, or both. - Arrest Procedures:
When an advocate is arrested for a cognizable offense, the police are required to inform the President or Secretary of the Advocates’ Association within twenty-four hours. - Trial Courts:
Every offense punishable under this Act shall be tried by a court not below the Judicial Magistrate of First Class.
Legislative Context and Background
The enactment of this Bill was driven by recent incidents, including an assault on an advocate in Chikkamangaluru by a police patrol team, which prompted widespread protests from the legal community. The High Court took suo motu cognizance of the issue, leading to the initiation of this protective legislation【196†source】【197†source】【198†source】.
Law and Parliamentary Affairs Minister HK Patil emphasized that the bill ensures that advocates can perform their professional duties without fear of intimidation, harassment, or improper interference. This bill is designed to provide a safe working environment for advocates, thereby ensuring the effective delivery of legal services.
Broader Implications
The passage of this legislation reflects Karnataka’s commitment to protecting the rights and safety of its advocates, setting a precedent for other states to follow. By implementing stringent penalties and procedural safeguards, the state aims to create a secure environment for legal practitioners, thereby strengthening the judicial system as a whole.