The Advocates (Amendment) Act, 2023 has inserted a new Section 45A in the Advocates Act, 1961 to empower every High Court, District Judge, Sessions Judge, District Magistrate, and every Revenue-officer, not being below the rank of a Collector of a district to frame and publish lists of persons who habitually to act as touts. The list may be amended from time to time. No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. A copy of every such list shall be kept hung up in every Court to which the same relates. The Court or Judge may, by general or special ordet, exclude from the precincts of the Court any person whose name is included in any such list. Any person who acts as a tout whilst his name is included in any such list shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Section 45 A (7) (d) (i) and (ii) defines "tout". It means a person—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 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.
The Advocates (Amendment) Act, 2023 has repealed
certain provisions of ‘The Legal Practitioners Act, 1879 by incorporating provisions of Section
36 of the Legal Practitioners Act of 1879 in the Advocates Act.
The repealing of the Legal Practitioners Act, 1879 from the statutes book, will be a contribution to achieve the goal of repealing the obsolete laws specifically that pertain to British era. It will also be a step towards ease of doing business and ease of living for citizens. It would also help in regulating the legal profession by a single Act i.e., the Advocates Act, 1961. Notably, the Legal Practitioners Act, 1879 has been repealed and the Advocates (Amendment) Act, 2023 has been passed by the Parliament and the assent of the Hon’ble President of India was received on December 8, 2023.
The Union Law Ministry has notified the amendment. The notification states that the Union government has announced September 30, 2024 as the date on which the provisions of the Advocates (Amendment) Act, 2023 will come into force.
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