In a significant move within Karnataka's legal sphere, the Karnataka Prohibition of Violence against Advocates Act, 2023 (KPVA Act) has been formally enacted by the state government, effective from June 10.
This legislative measure, championed by the esteemed Minister for Law and Parliamentary Affairs, HK Patil, was introduced before the State Assembly on December 11, 2023, and subsequently ratified on December 12, 2023.
The introduction of this statute highlights a core concern: the vulnerability of legal professionals to unjust persecution, thereby obstructing the unhindered execution of their professional duties and, by extension, the dispensation of justice.
Drawing upon established international norms, notably the "Basic Principles on the Role of Lawyers" as articulated by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the Karnataka legislature acknowledges the imperative of shielding advocates from intimidation and external interference.
The KPVA Act, at its core, seeks to provide legal practitioners with protection against physical harm and coercion, prescribing penalties ranging from imprisonment of six months to three years, coupled with fines of up to ₹1 lakh, for individuals found guilty of perpetrating violence against advocates.
Furthermore, the legislation mandates prompt notification by law enforcement agencies to the respective advocates' association upon the arrest of an advocate in connection with a cognizable offence, thereby fostering transparency and accountability in legal processes.
The Act stipulates that all violations falling within its purview shall be adjudicated by courts not below the rank of a Judicial Magistrate of First Class, ensuring equitable resolution of matters pertaining to advocate safety and security.
In essence, the KPVA Act represents a significant step towards fortifying the legal framework, reaffirming the state's steadfast commitment to preserving the integrity of legal practice and upholding the foundational principles of justice.
For comprehensive insights and analysis on this consequential legal development, students are encouraged to engage in scholarly exploration and discussion
In a significant move within Karnataka's legal sphere, the Karnataka Prohibition of Violence against Advocates Act, 2023 (KPVA Act) has been formally enacted by the state government, effective from June 10.
This legislative measure, championed by the esteemed Minister for Law and Parliamentary Affairs, HK Patil, was introduced before the State Assembly on December 11, 2023, and subsequently ratified on December 12, 2023.
The introduction of this statute highlights a core concern: the vulnerability of legal professionals to unjust persecution, thereby obstructing the unhindered execution of their professional duties and, by extension, the dispensation of justice.
Drawing upon established international norms, notably the "Basic Principles on the Role of Lawyers" as articulated by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, the Karnataka legislature acknowledges the imperative of shielding advocates from intimidation and external interference.
The KPVA Act, at its core, seeks to provide legal practitioners with protection against physical harm and coercion, prescribing penalties ranging from imprisonment of six months to three years, coupled with fines of up to ₹1 lakh, for individuals found guilty of perpetrating violence against advocates.
Furthermore, the legislation mandates prompt notification by law enforcement agencies to the respective advocates' association upon the arrest of an advocate in connection with a cognizable offence, thereby fostering transparency and accountability in legal processes.
The Act stipulates that all violations falling within its purview shall be adjudicated by courts not below the rank of a Judicial Magistrate of First Class, ensuring equitable resolution of matters pertaining to advocate safety and security.
In essence, the KPVA Act represents a significant step towards fortifying the legal framework, reaffirming the state's steadfast commitment to preserving the integrity of legal practice and upholding the foundational principles of justice.
For comprehensive insights and analysis on this consequential legal development, students are encouraged to engage in scholarly exploration and discussion
