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In a significant move, the Karnataka State Legislative Assembly has passed the Karnataka Prohibition of Violence Against Advocate Bill, 2023. The Bill aims to address the growing threat of violence and malicious prosecutions faced by advocates while discharging their professional duties. State Law and Parliamentary Affairs Minister HK Patil introduced the bill, emphasizing the need to ensure advocates can render their services without fear or external influence.
The statement and object of the Bill highlight the challenges advocates face, including the threat of malicious prosecutions interfering with their professional duties. The proposed legislation seeks to prohibit violence against advocates and provide them with protection. Advocates have been increasingly subjected to violence, leading to concerns about their safety. The recent assault on an advocate from Chikkamangaluru by a police patrol team prompted protests and drew attention to the need for legal measures to safeguard advocates.
The Bill defines an advocate as per the Advocates Act, 1961, and includes those holding a valid certificate of practice issued by the Karnataka State Bar Council and are members of any Bar Association.
Violence is defined as any activity endangering the life of an advocate, causing bodily harm, or criminal intimidation hindering the discharge of duties related to pending litigation or cases before any Court, Tribunal, or Authority.
Offenses under the Act are cognizable, and those convicted may face imprisonment ranging from six months to three years or a fine extending up to Rupees One lakh, or both.
When an advocate is arrested by the police for a cognizable offense, the police must inform the President or Secretary of the Advocates’ Association within twenty-four hours.
The Act mandates that every offense punishable under this Act shall be tried by a court not below the Court of Judicial Magistrate of First Class.
The Advocate Protection Bill gains significance in light of recent incidents, particularly the alleged assault on an advocate in Chikkamangaluru by a police patrol team. This incident triggered protests within the Karnataka bar, leading the High Court to initiate a suo motu PIL. Eventually, the State handed over the investigation to the CID. The passage of this Bill reflects the legislative response to ensure the safety and protection of advocates, addressing concerns raised by the legal community.
