ministry of law and justice

On 8-12-2023, the Ministry of Law and Justice notified the Advocates (Amendment) Act, 2023 to amend the Advocates Act, 1961.

Key Points:

  1. Section 45-A has been inserted relating to the power to frame and publish the list of touts.

  2. Any judge of High Court, District Judge, Sessions Judge, District Magistrate and Revenue Officer, above the rank of Collector of a district, can frame and publish the lists of proved touts by evidence of general repute or being a habitual tout.

  3. Any person will be included in this list only after being given an opportunity to show cause against such inclusion.

  4. Any authority who is eligible to frame and publish the list can send the name of any person alleged or suspected to be a tout to any subordinate court and on receiving such list, the subordinate will hold an inquiry into the conduct of that person. After giving an opportunity of showing cause, the subordinate court will submit its report to the Authority.

  5. The Court or Judge can remove any person’s name from such list.

  6. Any person proved to be a tout and his name is on the list, will be punished with imprisonment which may extend to 3 months or with fine of Rs. 500 or both.

  7. On the date of enforcement of Section 45-A, the following Sections of the Legal Practitioners Act, 1879 will be repealed-

    • Section 1- Short title

    • Section 3- Interpretation- clause

    • Section 36- Power to frame and publish lists of touts

    Note: ““Tout” means a person—

    (i) who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or

    (ii) who for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-offices, or railway stations, landing stages, lodging places or other places of public resort”.

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