Karnataka Govt Notifies Karnataka Prohibition Of Violence Against Advocates Act 2023
Karnataka's State Law and Parliamentary Affairs Minister HK Patil has moved the Karnataka Prohibition Of Violence Against Advocates Bill, 2023 which was passed in December 2023. It received the assent of the Governor on the 20th March, 2024.The statement and object of the Bill state that “Advocate in due discharge of their professional duties also face the threat of malicious and...
Karnataka's State Law and Parliamentary Affairs Minister HK Patil has moved the Karnataka Prohibition Of Violence Against Advocates Bill, 2023 which was passed in December 2023. It received the assent of the Governor on the 20th March, 2024.
The statement and object of the Bill state that “Advocate in due discharge of their professional duties also face the threat of malicious and frivolous prosecution by the rival parties which is also intended to interfere with the performance of their duties, in turn interfering with the administration of justice itself.”
The Act states that therefore it is necessary to enact the Legislation to prohibit violence against and provide protection to Advocates for rendering their professional service without fear or external influence.
The Act defines “Advocate” to mean an Advocate or Senior Advocate or a Legal Practitioner whose name is entered in the roll of advocates maintained under section 17 of the Advocates Act, 1961(Central Act 25 of 2 1961) and holding a valid certificate of practice issued by the Karnataka State Bar Council as defined under rule 4 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 and is a member of any Bar Association.
It defines "Violence” to mean any activity which would endanger the life of an Advocate or cause bodily harm or criminal intimidation so as to obstruct him from discharge of his duty in respect of a pending litigation or a case pending before any Court, Tribunal or Authority. Explanation: 1. For the removal of doubts it is hereby clarified that any lawful restraint or action by law enforcement agencies in the discharge of their duty would not amount to violence.
The Bill prescribes that every offence punishable under this Act shall be cognizable and every person committing an offence under Section 3 shall be punished with imprisonment for a term which may extend from six months to three years, or with fine which may extend to Rupees One lakh or with both.
Further, the Act mandates that whenever an Advocate is arrested by the Police in respect of a cognizable offence, the Police shall, within twenty-four hours of such arrest, intimate the factum of such arrest to the President or Secretary of the Advocates' Association in which such Advocate is a member.
The Bill provides that every offence punishable under this Act shall be tried by the Court, not below the Court of Judicial Magistrate of First Class.
Notably, this Act has been enacted in the aftermath of recent violence against an Advocate by the Karnataka Police In Chikkamangaluru, who detained the advocate for not wearing a helmet and allegedly carried out custodial torture on him.
This incident led to the High Court taking suo moto cognizance of the incident, and statewide protests by Bar Assiciations across Karnataka.