Karnataka State Legislative Assembly Passes The Karnataka Prohibition of Violence Against Advocates Bill, 2023
The Karnataka State Legislative Assembly on Thursday passed the Karnataka Prohibition of Violence Against Advocate Bill, 2023. 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...
The Karnataka State Legislative Assembly on Thursday passed the Karnataka Prohibition of Violence Against Advocate Bill, 2023.
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.”
Therefore it is considered necessary to enact the Legislation to prohibit violence against and provide protection to Advocates for rendering their professional service without fear or external influence and for matters connected therewith or incidental thereto.
State Law and Parliamentary Affairs Minister HK Patil moved the bill.
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.”
While 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, these developments come weeks after an advocate from Chikkamangaluru was allegedly assaulted by a police patrol team on night duty, which sparked protests across the Karnataka bar, and led to the High Court taking up a suo motu PIL on the same, till the State handed over the investigation to the CID.