Criminal action can be taken against advocates practising without AIBE: Karnataka HC

The Karnataka High Court has ruled that advocates who continue to practise without clearing the All India Bar Examination (AIBE) within the mandatory two-year period can face criminal liability under the Indian Penal Code and Section 45 of the Advocates Act, 1961. Justice H.P. Sandesh held that the disciplinary mechanism of the Bar Council does not extinguish the jurisdiction of criminal courts to examine conduct that satisfies the ingredients of a criminal offence.

The court dismissed a petition by advocate M Prasanna Kumar, who sought to quash a cheating case registered on a private complaint. The complaint alleged that Kumar, provisionally enrolled in 2011, practised for nearly a decade without clearing the AIBE. The court noted that Kumar admitted he did not appear for the exam for almost a decade and only cleared it in 2021. The Karnataka State Bar Council opposed the plea, arguing that subsequent passing of the exam would not retrospectively validate his practice.

The High Court directed the KSBC to devise a mechanism to track advocates who fail to clear the AIBE within two years, ensuring that non-compliance is automatically flagged. The KSBC has 45 days to report back to the court.