Karnataka Prohibition Of Violence Against Advocates Act Comes Into Force

There can be just no gainsaying that advocates considered to be the most sacred profession on the world and who always in our nation have been in the forefront of all the relentless struggle against oppression and injustice even during the British rule are the prime targets of being subjected to violence and some even face death threats due to the cases they take up against most powerful mafias and criminals. It thus merits no reiteration of any kind that they definitely deserve protection against violence of any kind and all States must certainly without any more delay enact law in this regard to ensure that advocates are able to carry out their profession fearlessly without fear of anyone or without fear of being subjected to violence of any kind. A very good beginning has been made in this regard by Karnataka which must definitely be emulated by all the States all across India. There can be just no denying or disputing it.

By all accounts, it is definitely most refreshing and most reassuring to note that the Karnataka State Government has notified the Karnataka Prohibition of Violence against Advocates Act, 2023 (KPVA Act) with effect from June 10, 2024. It may be further recalled here that the law was introduced initially in the State Assembly of Karnataka by the Karnataka’s Law and Parliamentary Affairs Minister – HK Patil on December 11, 2023. It must also be noted that it was then passed by the Karnataka Legislative Assembly on December 12, 2023. What also certainly ought to be noted here is that this law finally received the assent of the Governor Thaawarchand Gehlot on March 20, 2024.

It is definitely worth noting here that the statement and objects of the law underscores that in doing their duty, advocates are vulnerable to malicious and frivolous prosecution by the rival parties which definitely interferes with the performance of their duties and the administration of justice itself. At the very outset, it is noted first and foremost in “The Karnataka Prohibition Of Violence Against Advocates Act, 2023” that, “Whereas, the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba 27th August to 7th September 1990, to which India was a participant, has adopted the “Basic Principles on the Role of Lawyers”. Clauses 16 and 17 of the declaration deal with -Guarantees for the functioning of lawyer which are as follows, namely:-

“l6. Governments shall ensure the lawyers,-

(a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;

(b) are able to travel and to consult with their clients freely both within their own country and abroad; and

(c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”

Now therefore it is expedient to prohibit violence against and provide protection to Advocates for rendering their professional services without fear or external influence and for matters connected therewith and incidental thereto.”

Interestingly enough, we see that advocate is defined in Section 2(a) as: “”Advocate” means 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 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;

Explanation: An Advocate pleading for a party before the Court, Tribunal or Authority, including the police shall deemed to be an Officer of such Institution and be extended same treatment available to other Officers of such Institution.”

What’s more, while specifying on “Bar Association”, the Act specifies in Section 2(b) that, ” “Bar Association” means a Bar Association recognized by the Karnataka State Bar Council under the Karnataka Advocates Welfare Fund Act, 1983 (Karnataka Act 2 of 1985).”

Needless to say, it is then laid bare in Section 2(c) about “person” that, “”Person” means and includes,-

1. an Individual;

2. a Company;

3. a Firm

4. an association of persons or a body of individuals, whether incorporated or not.”

It is extremely vital to note that violence has been defined in Section 2(d) as: “”Violence” means 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 discharge of their duty would not amount to violence.

Explanation: 2. That the above would not be prejudicial to any obligation or liability of an Advocate under the Advocates Act, 1961 or such other regulations made as applicable under law.”

Simply put, the Act in Section 3 while calling for prohibition of violence enjoins upon to hold that, “No Person shall commit an act of violence against an Advocate.”

Be it noted, Section 4 while dwelling upon the quantum of punishment for offences relating to advocates clearly specifies stating that, “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.”

Truth be told, Section 5 while pertaining to the cognizance of offence precisely puts forth that, “Every offence punishable under this Act shall be cognizable.”

It would be worthwhile to note that Section 6 while dealing with intimation of arrest propounds 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.” It goes without saying that this will definitely go a long way in ensuring that the arbitrary arrest of the advocates at the whims and fancies of police is checked and curbed to a great extent. It will also ensure that the concerned Bar Association is able to act in time to ensure that no advocate is arbitrarily arrested or his legal rights violated brazenly as we see in so many cases when police dares to even handcuff lawyers which definitely must be dealt with an iron hand and for this to happen it is imperative that the concerned Bar Association is aware of such arrests!

It would also be pertinent to note that Section 7 while specifying about the Judicial Magistrate who would try the offences states that, “Every offence punishable under this Act shall be tried by the Court not below the Court of Judicial Magistrate of First Class.”

Going ahead, it is then laid bare in Section 8 that, “The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, for the time being in force.”

Finally, this Act then concludes by elaborating on “power to make rules” and states that, “(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

The above translation be published in the official Gazette under clause (3) of Article 348 of the Constitution of India.”

All said and done, it has to be said without any inhibition that the State Government of Karnataka has definitely made a very good beginning for which it richly deserves huge accolades also and which must definitely without fail be emulated and enforced in all other States also. It is a no-brainer that in light of the endless threat to the advocates which they have to face time and again especially those practicing on the criminal side as well as these principles, we find that the State Government of Karnataka considered it necessary to waste no time to most promptly enact the legislation to prohibit violence against and provide protection to the advocates for ensuring that they are rendering their professional service without fear or external influence! One fervently hopes that at least now all the other States would also step forward and waste no more time further to commendably emulate the most worthy precedent that has been set by the Karnataka State Government and act decisively in this regard without any dilly-dallying to ensure that advocates are protected against violence of any kind!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.