The Karnataka Prohibition of Violence against Advocates Act, 2023 (KPVA Act), officially took effect on June 10. Under this new law, anyone found guilty of committing an offence against a lawyer faces a prison term ranging from six months to three years, a fine of ₹1 lakh, or both.
Advocates often face threats and malicious prosecution from rival parties, which hampers their ability to perform their duties and disrupts the administration of justice. Recognizing this, the Karnataka government moved to bolster protections for legal professionals.
The bill, introduced by Karnataka’s Law and Parliamentary Affairs Minister HK Patil on December 11, 2023, swiftly passed the Legislative Assembly the following day and received the Governor’s assent on March 20, 2024.
Inspired by the “Basic Principles on the Role of Lawyers” from the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the KPVA Act underscores the necessity for advocates to work without fear of intimidation or interference. These principles affirm that governments must ensure lawyers can perform their functions freely, consult with clients without hindrance, and be safeguarded against any threats due to their professional activities.
In addition to imposing strict penalties for violence against lawyers, the KPVA Act mandates that police must notify the President or Secretary of the relevant advocates’ association within 24 hours of arresting an advocate for a cognizable offence. Offences under this law are to be tried exclusively by courts not below the rank of Judicial Magistrate of First Class.
This legislative move aims to provide a secure environment for advocates, allowing them to fulfill their professional responsibilities without external pressure or fear.
Karnataka_Prohibition_of_Violence_against_Advocates_Act__2023
