Karnataka Prohibition of Violence against Advocates Act comes into force

The Karnataka government has notified the Karnataka Prohibition of Violence against Advocates Act, 2023 (KPVA Act) with effect from June 10..The statement and objects of the law highlights that in doing their duty, advocates are vulnerable to malicious and frivolous prosecution by rival parties which interferes with the performance of their duties and the administration of justice itself..The law was introduced in the State assembly by Karnataka's Law and Parliamentary affairs minister HK Patil on December 11, 2023. It was then passed by the Karnataka Legislative assembly on December 12, 2023.The law received the assent of the Governor on March 20, 2024..The law highlights that the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, to which India was a participant, had adopted the "Basic Principles on the Role of Lawyers"..Clauses 16 and 17 of the declaration deal with guarantees for the functioning of lawyers:“16. 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.”.In light of threat to advocates as well as these principles, the State government considered it 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 law provides that any person who commits an offence against a lawyer shall face imprisonment for a term ranging from six months to three years, or a fine of ₹1 lakh or both.It further provides that whenever an advocate is arrested by the police in respect of a cognizable offence, the police shall, within 24 hours of the arrest, notify the President or Secretary of the advocates' association of which the arrested advocate is a member.The law states that every offence punishable under it shall be tried by a court not below the court of Judicial Magistrate of First Class..[Read Karnataka Prohibition of Violence against Advocates Act]