The Advocates Amendment Bill, 2023

Summary of The Advocate Amendment  Bill 2023 

  • The Advocates (Amendment) Bill, 2023, was proposed in the Rajya Sabha on August 1, 2023. And pending in Lok sabha. It aims to change the Advocates Act, 1961, which deals with laws about legal professionals. The Bill removes some sections related to touts from the Legal Practitioners Act, 1879. It also includes important changes to the functioning of Bar Councils and the All-India Bar.
  • Touts: The Bill says that certain authorities like High Courts, district judges, sessions judges, district magistrates, and revenue officers (who are at least as high in rank as a district collector) can create and publish lists of touts. A tout is someone who either tries to find or actually finds a lawyer's job in return for money or hangs around places like courts, revenue offices, or railway stations to get such jobs for lawyers. The court or judge can ban any person whose name is on the list of touts from entering the court premises.
  • Preparation of lists: The people in charge who can create and share the list of touts have the power to tell lower courts to investigate people who are believed to be touts or are suspected to be touts. If someone is found guilty of being a tout after the investigation, the authority can put their name on the tout list. However, before adding someone to the list, they must be given a chance to explain themselves and provide reasons why they shouldn't be included.
  • Penalty: If someone is found to be a tout while their name is on the tout list, they can be punished. The punishment could be going to jail for up to three months, a fine of up to Rs 500, or both.

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