The Advocates (Amendment) Act, 2023, published on 8th December, 2023, is an amendment to the Advocates Act of 1961 in India.
The key amendments include the addition of a new Section 45A. This new section empowers various authorities like High Courts, District Judges, Sessions Judges, District Magistrates, and Revenue Officers to create and update lists of individuals identified as "touts". Touts are those individuals, who seek payment for arranging legal work for legal practitioners.
The amendment defines "tout" as a person who either obtains remuneration for engaging a legal practitioner in legal business or proposes such engagement for remuneration, frequents specific areas like court precincts, revenue offices, railway stations, or other public places for these purposes.
Upon being listed as a tout:
Listing and Publication: Authorized entities can create and update lists of identified touts. These lists will be kept and displayed in relevant courts and offices.
Exclusion from Court Premises: Individuals listed as touts can be excluded from the precincts of the court by general or specific orders of the court or judge.
Punishment: If a person acts as a tout while listed in such a registry, they can face penalties. The penalties include imprisonment for up to three months, a fine up to five hundred rupees, or both.
Furthermore, Section 50 of the principal Act specifies the repeal of certain Sections of the Legal Practitioners Act, 1879. These measures aim to maintain the integrity and professionalism of legal services.
You can download the Act text here.
