Advocates (Amendment) Act, 2023: Overview
The Advocates (Amendment) Act, 2023, implemented on September 30, 2024, introduces significant reforms to regulate the legal profession in India.
The Advocates (Amendment) Act, 2023 came into effect on September 30, 2024, as per the official declaration by the Central Government. This Act repeals the Legal Practitioners Act, 1879 and amends the Advocates Act, 1961 to streamline the legal system by eliminating "unnecessary enactments" and repealing "obsolete laws." The primary objective is to establish a more modern and efficient legal framework.
The introduced amendments are designed to enhance the regulation of the legal profession, tackling important issues such as curbing unethical practices like touting and promoting higher professional standards across the legal field.
Key Highlights of the Amendment
Below are the key highlights of the Amendment:
1. Power to Frame and Publish Lists of Touts:
A major addition under the Amendment is the insertion of Section 45A, which gives High Courts, District Judges, Sessions Judges, and certain administrative officers the power to frame and publish lists of persons habitually acting as touts. A 'tout' is defined as someone who procures the employment of a legal practitioner in exchange for remuneration. The law is designed to combat unethical practices in the legal profession.
2. Process of Inclusion in Touts List:
No person shall be included in a touts list without the opportunity to show cause. Courts or authorities will conduct inquiries and hold hearings before deciding to add any individual to this list.
3. Penalties for Acting as a Tout:
If an individual acts as a tout while listed, they can face imprisonment for up to three months, a fine of up to ₹500, or both. This provision seeks to deter individuals from engaging in touting activities around courts, stations, and other public places.
4. Repeal of Legal Provisions under the Legal Practitioners Act, 1879:
The Act also repeals sections 1,3 and 36 of the Legal Practitioners Act, 1879, which dealt with touts, thereby consolidating the regulatory framework for addressing touting activities under the Advocates Act.
This amendment is a significant step toward improving ethical standards in the legal profession and ensuring that legal practice is conducted without the influence of unscrupulous intermediaries. The enhanced powers given to courts to regulate touting will help maintain the integrity of legal services in India.
Click Here to Read the Advocates (Amendment) Act, 2023