Advocates (Amendment) Bill, 2023

December 5, 2023

The Advocates (Amendment) Bill, 2023, was introduced in the Rajya Sabha on August 1, 2023, aiming to make changes to the Advocates Act, 1961. This bill addresses specific issues, including the repeal of certain sections related to touts under the outdated Legal Practitioners Act, 1879.

Tackling Touts

The Bill introduces measures to combat touts, defining them as individuals engaged in activities like procuring legal practitioners for payment or frequenting specific locations to secure legal business. Notable features include:

Identification and Lists
The Bill empowers High Courts, district judges, sessions judges, district magistrates, and revenue officers to create and publish lists of touts. These lists aim to identify individuals involved in tout activities around civil or criminal courts, revenue offices, or railway stations. The court or judge has the authority to restrict entry for anyone named in these lists.

Preparation Procedures
Authorities with the power to compile tout lists can direct subordinate courts to investigate individuals suspected of tout activities. Only after a fair opportunity for the accused to present their case can their names be included in the official tout lists.

Imposing Penalties

The Bill establishes penalties for those acting as touts while being listed. Offenders may face imprisonment for up to three months, a fine of up to Rs 500, or both. This provision aims to deter individuals from engaging in tout-related activities, ensuring a fair and regulated legal environment.

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