• UGI USER
  • Dec 13, 2023
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ADVOCATES (AMENDMENT) ACT, 2023

Why in the News?

  • The Advocates (Amendment) Bill, 2023, passed on December 4 in Lok Sabha, focuses on eradicating “touts” from the legal system.
  • Introduced in Rajya Sabha and initially passed during the August Monsoon Session, the bill received Presidential assent on December 8.

Repeal of 1879 Act:

  • Aiming to streamline legal enactments, the Act repeals the obsolete Legal Practitioners Act, 1879, and amends the Advocates Act, 1961.
  • The move intends to reduce unnecessary legal provisions and modernize the legal framework.

Historical Context:

  • The now-repealed 1879 Act defined “legal practitioner” and introduced the term “tout” as someone procuring legal business for remuneration.
  • The Advocates Act of 1961 was enacted post-Independence, replacing the bulk of the 1879 Act while retaining certain provisions related to touts.

Key Amendments in 2023 Act:

  • The new Section 45A, inserted after Section 45 of the 1961 Act, empowers High Courts and district judges to publish lists of touts.
  • Individuals’ names won’t be included without an opportunity to defend against inclusion.
  • If proven as a tout, the person’s name will be published, displayed in every court, and may lead to exclusion from the court’s vicinity.
  • Section 45A imposes imprisonment up to three months, a fine, or both for anyone acting as a tout while their name is on the list.

This legislative move addresses the historical context, streamlines legal provisions, and empowers judicial authorities to curb the influence of touts in the legal system.