Centre Tables Bill To Amend Advocates Act, Seeks To Punish 'Touts'

The Central Government  has tabled the Advocate ( Amendment) Bill, 2023 to amend Advocates Act, 1961, in the current monsoon session. It was listed in yesterday’s Business for introduction in Rajya Sabha but amid protest and disruption from opposition for Manipur violence, the house was adjourned for the day without taking any legislative matter.

The major changes which the Bill seeks to bring is, making the act of ‘Tout’ punishable and repealing certain provisions of Legal Practitioners Act, 1879 which have become obsolete.

According to statement of object and reasons of the Bill, “All the aspects which are dealt with in the Legal Practitioners Act, 1879 are already covered under the Advocates Act, 1961 except the matter relating to 'touts'. All sections of the Legal Practitioners Act, 1879, except sections 1, 3 and 36 have been repealed vide clause (a) of sub-section (5) of section 50 of the Advocates Act, 1961.”

The Law Commission of India in its Report No. 249 titled 'Obsolete Laws: Warranting Immediate Repeal (Second Interim Report)' has also recommended repealing of the Legal Practitioners Act, 1879 after making suitable amendments to the Advocates Act, 1961, it adds.

The Bill inserts Section 45A, “Power to frame and publish lists of touts”, in the Act. It states that, a person who acts 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.

“Tout” is defined in the Bill,  as 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.’

The new Section empowers the 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 proved to their satisfaction, or to the satisfaction of any subordinate Court by “evidence of general repute” or habitually act as touts. The list can also be amended from time to time.

However, it explains that the passing of a resolution, declaring any person to be or not to be a tout, by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practice as legal practitioners in any Court or revenue office, “shall be evidence of the general repute.”

The provision also gives opportunity to every person to show cause against inclusion of their names before taking the final decision.

It also amends Section 50 of the Act, to repeal Sections 1,3 and 36 of the Legal Practitioners Act, 1879 on the date when Section 45-A, “Power to frame and publish lists of touts”, will come into force.

Click Here To Read The Bill