- The Central Government has recently introduced the Advocate (Amendment) Bill, 2023 to amend the Advocates Act, 1961.
- The primary focus of the bill is to address the issue of ‘touts’ and make their activities punishable.
- “Touts” refer to individuals who, in exchange for remuneration, facilitate the employment of legal practitioners or propose such employment to legal practitioners or interested parties in legal matters. They are often involved in unauthorized practices and try to engage in such activities in court premises, revenue offices, railway stations, and other public places.
- The bill aims to repeal certain provisions of the outdated Legal Practitioners Act, 1879, as most of its aspects are already covered by the Advocates Act, 1961, except for matters related to ‘touts’.
- According to the bill, all sections of the Legal Practitioners Act, 1879, have been repealed except sections 1, 3, and 36, as per the Advocates Act, 1961.
- The Advocate (Amendment) Bill, 2023 introduces a new section, Section 45A, titled ‘Power to frame and publish lists of touts.’
- The new section defines a ‘tout’ as a person who, in consideration of remuneration, facilitates the employment of a legal practitioner or proposes such employment to any legal practitioner or interested party in any legal business. It also includes individuals who frequently engage in such activities in court premises, revenue offices, railway stations, and other public places.
- The bill proposes that being a ‘tout’ will be punishable by imprisonment for up to three months, a fine of up to five hundred rupees, or both.
- Various authorities, such as the High Court, District Judge, Sessions Judge, District Magistrate, and Revenue officers, will have the power to frame and publish lists of individuals known, through evidence of general repute or habitual activities, to act as touts. These lists can be amended as necessary.
- The bill explains that if a resolution is passed by a majority of members of an association of legal practitioners declaring an individual to be or not to be a tout, it shall serve as evidence of the general repute of that person.
The Advocate (Amendment) Bill, 2023 to amend the Advocates Act, 1961.
