By – Yuvraj Pandey, University of Allahabad
The Karnataka Government on June 10, 2024, with instant effect passed the Karnataka Prohibition of Violence against Advocates Act, 2023.
The Act provides for punishment of imprisonment of 6 months to 3 years or a fine of 1 lakh or both to any person who commits any offense against the lawyer.
The law highlights the 8th UN Congress on the Prevention of Crime and the Treatment of Offenders of which India is a signatory and has 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.”
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