ವಕೀಲರ ಮೇಲೆ ಹಲ್ಲೆ ನಡೆಸುವುದು, ಕರ್ತವ್ಯಕ್ಕೆ ಅಡ್ಡಿಪಡಿಸುವುದು, ಬೆದರಿಕೆ ಹಾಕುವುದು ಶಿಕ್ಷಾರ್ಹ ಅಪರಾಧವಾಗಲಿದೆ.

THE KARNATAKA PROHIBITION OF VIOLENCE AGAINST ADVOCATES ACT, 2023
(Received the assent of the Governor on the 20th day of
March, 2024)

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;
Be it enacted by the Karnataka State Legislature in the Seventy-fourth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Prohibition of violence against Advocates Act, 2023.
(2) It shall come into force at once.
2. Definitions.-(1) In this Act, unless the context otherwise requires,-
(a) “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.
(
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.
(2) All other words and expressions used but not defined in this Act, shall have the same meaning as assigned to them in the Advocates Act, 1961(Central Act 25 of 1961), the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 and the Indian Penal Code, 1860.
3. Prohibition of violence.- No Person shall commit an act of violence against an Advocate.
4. Punishment for offences relating to Advocates.- 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.
5. Cognizance of offence.- Every offence punishable under this Act shall be cognizable.
6. Intimation of arrest.- 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.
7. Offences to be tried by Judicial Magistrate of First Class.- Every offence punishable under this Act shall be tried by the Court not below the Court of Judicial Magistrate of First Class.
8. Act not in derogation of any other law.- The provisions of this Act shall be in addition to and not in derogation of the provisions of the any other law, for the time being in force.
9. Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules to carryout the purposes of this Act.
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