Going after touts: the change in Advocates Act

• The Advocates Amendment Bill, 2023, aimed at eliminating 'touts' from the legal system, was passed in the Lok Sabha recently.

The Advocates Amendment Bill, 2023

• The Bill repeals the colonial-era Legal Practitioners Act, 1879, and amends the Advocates Act, 1961, with a focus on reducing unnecessary enactments in the legal framework.
• By repealing the outdated Legal Practitioners Act, the Bill aims to streamline legal regulations and eliminate obsolete laws.

Significance and Rationale of the Bill

• The Bill aligns with the government's policy of repealing obsolete laws and pre-independence Acts that have lost their utility.
• The amendments aim to enhance the efficiency and transparency of the legal system by addressing the issue of touts.

Provisions of the Repealed 1879 Act

• The now-repealed Legal Practitioners Act, 1879, defined the term "legal practitioner" and introduced the concept of a "tout."
• A tout was described as someone who procures clients for a legal practitioner in exchange for payment.
• The definition also encompassed individuals frequenting various locations for client procurement.
• The Advocates Act of 1961 replaced a significant portion of the 1879 Act, but certain provisions related to its extent, definitions, and powers regarding touts remained.

The Advocates Act of 1961

• It was enacted to amend and consolidate laws related to legal practitioners, Bar Councils, and the All-India Bar.
• It was a post-independence effort to streamline legal regulations, replacing three earlier Acts governing legal practitioners.
  • It included the Legal Practitioners Act, 1879, the Bombay Pleaders Act, 1920, and the Indian Bar Councils Act, 1926.
• The new Bill amends the 1961 Act, focusing on the insertion of a provision, Section 45A, to address the issue of touts.

Key Provisions of the Advocates Amendment Bill, 2023

• The newly added Section 45A empowers High Courts and district judges to frame and publish lists of touts.
• However, no person’s name will be included in any such list until they have had an opportunity to show cause against such inclusion.
• Further, any authority empowered to make lists of alleged or suspected touts can send them to any subordinate court.
• Subordinate courts after holding an inquiry into the conduct of such persons, will allow them an opportunity to show cause.
• After this, the lower court will report back to the authority ordering the inquiry.
• If proven to be a tout, the person’s name will be included in the list of touts that will be published by the authority and hung in every court.
• The Bill also introduces penalties, including imprisonment and fines, for acting as a tout while included in the list.