What is the KPVA Act, 2023, Karnataka Prohibition of Violence Against Advocates Act?
The Karnataka government enacted the KPVA Act as a legislative measure to shield advocates from abuse and harassment as they carry out their official responsibilities. It seeks to guarantee that advocates may do their duties without worrying about coercion or disruption.
What made the KPVA Act pass?
The statute addresses the worry that advocates are frequently the targets of malicious or baseless prosecutions, which impairs their capacity to carry out their jobs well and has an influence on the administration of justice. International norms are consulted, such as the “Basic Principles on the Role of Lawyers” that were established during the Eighth United Nations Congress on Crime Prevention and Treatment of Offenders.
Primary Aspects of the KPVA Act:
- Protection from Offenses: Anyone found guilty of using violence against a lawyer may be sentenced to six months to three years in jail, a fine of ₹1 lakh, or both.
- Notification Requirement: Within 24 hours of an advocate being taken into custody for a crime that qualifies as a criminal offense, the police are required to notify the advocates’ association’s president or secretary.
- Judicial Process: To ensure legal responsibility and due process, offenses under the Act are tried by a court not lower than the rank of Judicial Magistrate of First Class.
Critical Question: How will the KPVA Act prevent violence against advocates and make sure that its use doesn’t result in abuse or unforeseen consequences?
Positive Question: What are the potential ways that the KPVA Act could improve the safety and well-being of attorneys, thereby strengthening the credibility of Karnataka’s judicial system?
Written By: Nikita Shankar @nikitaashankar