Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Lawyers Welfare and Protection Act, 2023: • act of violence — any act committed by any person against an advocate with the intent to prejudice, affect or derail the process of impartial, fair and fearless conduct of cases before any court, tribunal or authority by which such advocate is engaged and shall include the following:⸻ (i) harassment, coercion, assault, criminal force or threat impacting the living or working conditions of such advocate and preventing him from discharging his duties; (ii) harm, injury, hurt either grievous or simple, or danger to the life of such advocate, either within the premises of the courts or otherwise; (iii) coercion by whatsoever means, by any person or authority to reveal or part with privileged communication or material which an advocate is bound to hold in confidence under the law; (iv) coercion by whatsoever means of an advocate not to represent or to withdraw his Vakalatnama or appearance to act, plead or appear on behalf of a client before any court, tribunal or authority; (v) loss or damage to any property or documents or material which such advocate is bound to hold under the law; or (vi) usage of derogatory language during the course of the judicial and quasi- judicial proceedings • Code — the Code of Criminal Procedure, 1898 (Act No. V of 1898) • Court — the court notified under section 5 or established under any other law • Government — the Federal Government or the Provincial Government, as the case may be; and This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.__ (1) In this act, unless the context otherwise requires,__ (a) “act of violence” means any act committed by any person against an advocate with the intent to prejudice, affect or derail the process of impartial, fair and fearless conduct of cases before any court, tribunal or authority by which such advocate is engaged and shall include the following:⸻ (i) harassment, coercion, assault, criminal force or threat impacting the living or working conditions of such advocate and preventing him from discharging his duties; (ii) harm, injury, hurt either grievous or simple, or danger to the life of such advocate, either within the premises of the courts or otherwise; (iii) coercion by whatsoever means, by any person or authority to reveal or part with privileged communication or material which an advocate is bound to hold in confidence under the law; (iv) coercion by whatsoever means of an advocate not to represent or to withdraw his Vakalatnama or appearance to act, plead or appear on behalf of a client before any court, tribunal or authority; (v) loss or damage to any property or documents or material which such advocate is bound to hold under the law; or (vi) usage of derogatory language during the course of the judicial and quasi- judicial proceedings. (b) “advocate” shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973); (c) “Bar Council” shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973); (d) “Code” means the Code of Criminal Procedure, 1898 (Act No. V of 1898); (e) “Court” means the court notified under section 5 or established under any other law; (f) “Government” means the Federal Government or the Provincial Government, as the case may be; and (g) “offence” denotes any act made punishable under this Act or under any other law for the time being in force; and (h) “privileged communication” shall have the same meaning as given in the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984). (2) Any expression or words used in this Act but not specifically defined shall have the same meaning as assigned thereto in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973) and the Pakistan Penal Code, (Act XLV of 1860). CHAPTER-II OFFENCES AND PUNISHMENTS

Effective date: 2023-03-31

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