Govt Introduces Advocates (Amendment) Bill 2023

The Central Government, on July 31, introduced the Advocates (Amendment) Bill, 2023 to amend the Advocates Act, 1961. However, due to protests and disruptions from the opposition regarding Manipur violence, the Bill could not taken and the session was adjourned.

The main objectives of the Bill were to make the act of 'Tout' punishable and to repeal certain outdated provisions of the Legal Practitioners Act, 1879. The statement of object and reasons justified the repeal of the Legal Practitioners Act, as all its aspects are already covered under the Advocates Act, except for the matter relating to 'touts.'

According to the Law Commission of India's Report No. 249, titled 'Obsolete Laws: Warranting Immediate Repeal (Second Interim Report),' it also recommends repealing the Legal Practitioners Act, 1879 and amending the Advocates Act, 1961 accordingly.

The new Section 45A, "Power to frame and publish lists of touts," empowers various judicial authorities to create and update lists of individuals who act as touts. The definition of a 'tout' is provided in the Bill, and it outlines the penalties for engaging in such activities.

Furthermore, the Bill amends Section 50 of the Act to repeal Sections 1, 3, and 36 of the Legal Practitioners Act, 1879 when Section 45-A comes into force. Additionally, the provision allows individuals to contest the inclusion of their names in the tout lists before a final decision is made.

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