The Lok Sabha has passed the Advocate Amendment Bill 2023. It has already been passed by the Rajya Sabha on 3, August 2023. It was introduced on 1 August 2023 in Rajya Sabha.
The Bill seeks to amend the Advocate Act, 1961. The Amendment Act seeks to penalise the act of ‘Tout’ and Certain provisions of Legal Practitioners Act, 1879
After section 45 of the Advocates Act, 1961 a new Section 45A shall be inserted which shall provide ‘Power to frame and publish lists of touts’.
What is Tout ?
Section 45A provides that every High Court, district judge, sessions judge, district magistrate, and revenue officer (not below the rank of a district collector) may frame and publish lists of touts. Tout refers to a person who: (i)either proposes to procure or procures the employment of a legal practitioner in a legal business in return of any payment, or (iii) frequents places such as the precincts of civil or criminal courts, revenue-offices, or railway stations to procure such employment. The Court or judge may exclude from the premises of the Court any person whose name is included in the list of touts.
The authorities empowered to frame and publish the list of touts may order subordinate courts to hold an inquiry into the conduct of persons alleged or suspected to be touts. Once such a person is proven to be a tout, his name may be included by the authority in the list of touts. No person will be included in such lists without getting an opportunity of showing cause against his inclusion.
Penalty for Tout:
Any person who acts as a tout while his name is included in the list of touts will be punished with imprisonment up to three months, a fine up to Rs 500, or both.
In keeping with the Government’s policy of repealing all obsolete laws or pre-independence Acts which have lost their utility, the Government of India in consultation with the Bar Council of India has decided to repeal the Legal Practitioners Act, 1879 and to amend the Advocates Act, 1961 by incorporating the provisions of section 36 of the Legal Practitioners Act, 1879 in the Advocates Act, 1961 so as to reduce the number of superfluous enactments in the statute book. This would also help to regulate the legal profession by a single Act, the In keeping with the Government’s policy of repealing all obsolete laws or
pre-independence Acts which have lost their utility, the Government of India in consultation with the Bar Council of India has decided to repeal the Legal Practitioners Act, 1879 and to amend the Advocates Act, 1961 by incorporating the provisions of section 36 of the Legal Practitioners Act, 1879 in the Advocates Act, 1961 so as to reduce the number of superfluous enactments in the statute book. This would also help to regulate the legal profession by a single Act, the Advocates Act, 1961.