The Karnataka High Court determined that lawyers practicing beyond the two-year All India Bar Examination (AIBE) window face criminal charges. LiveLaw reported that Justice H.P. Sandesh’s bench held this liability arises under the Indian Penal Code and Section 45 of the Advocates Act, 1961. The ruling clarifies that disciplinary powers held by bar councils do not automatically block criminal courts from reviewing professional conduct.
The judge explained that if specific actions meet the criteria for a crime, criminal jurisdiction remains active. LiveLaw noted the bench cited Supreme Court precedents, including SCBA vs Union of India (1998) and R Antulay vs Ramdas Sriniwas Nayak (1984), to support this view. The court concluded that a complainant can file a criminal complaint directly without first approaching the Karnataka State Bar Council (KSBC).
The dispute began when a lawyer filed a petition under Section 482 of the Code of Criminal Procedure to stop proceedings at the Junior Magistrate Family Court in Bangarpet. The complainant claimed the respondent had joined the KSBC in 2011 but worked for ten years without passing the AIBE. This alleged delay cheated clients and the judicial system. The magistrate referred the case for police investigation under Section 156(3), a step the High Court endorsed as an injury to society.
LiveLaw stated the court reviewed a KSBC letter from August 7, 2026, which warned that failing the exam suspends practice licenses. A similar notice from the Bar Council of India dated July 29, 2026, was also observed. The High Court dismissed the petition, allowing local police to investigate and report to the trial court. The investigating officer must decide if the conduct fits Section 420 of the IPC or Section 45 of the Advocates Act.
The bench also instructed the KSBC to create an automatic alert system. This mechanism will identify lawyers who miss the two-year AIBE deadline, ensuring unauthorized practice is flagged for prompt council action.