Provisions of Advocates (Amendment) Act, 2023 related to tout to come into force from 30.09.2024
Regulations of tout under Advocates (Amendment) Act, 2023 becomes effective from 30.09.2024
The Ministry of Law and Justice has issued Notification S.O. 4246(E) dated 27.09.2024 to make the provisions of the Advocates (Amendment) Act, 2023 effective from 30.09.2024
The Advocates (Amendment) Act, 2023 No. 33 of 2023 received the assent of the President on 8th December 2023. It amends the Advocates Act, 1961. The key features of the Advocates (Amendment) Act, 2023 are as under:
Regulation of Touts: Tout has bene defined to mean a person 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 who for the purposes of such procurement frequents the precinets of Civil or Criminal Courts or of revenue-offices, or railway stations. landing stages. lodging places or other places of public resort.
The 2023 Act introduced a new section 45A related to Power to frame and publish lists of touts. It provides that every High Court, District Judge, Sessions Judge, District Magistrate, and every Revenue-officer, not being below the rank of a Collector of a district (each as regards their or his own or subordinate Court) may frame and publish lists of persons proved to their or his satisfaction, or to the satisfaction of any subordinate Court by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists. Hitherto, the power to frame and publish lists of touts was regulated under Section 36 of the Legal Practitioners Act, 1879. However, with the 2023 Act coming into force, said section 36 of the Legal Practitioners Act, 1879 stands repealed w.e.f. 30.09.2024.
Preparation of lists: It has bene further provided that any authority empowered to frame and publish a list of touts may send to any subordinate Court the names of any persons alleged or suspected to be touts, and order that Court to hold an inquiry in regard to such persons and if found to be a a tout, his name may be included in the list of touts framed and published by that authority.
Prohibition and Penalty: It has ben provided that copy of every such list of touts shall be kept hung up in every Court to which the same relates. The Court or Judge may, by general or special order, exclude from the precincts of the Court any person whose name is included in any such list. Any person who acts as 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.
Whether the release of seized assets is mandatory upon completion of 120 days –High Court refers the case to a…
EPFO Extends date of filing of new ECR for the wage month September to 31st October 2026 Taking into account…
Earlier acceptance of investment is a relevant evidence in evaluating subsequent allegation that investments were fictitious from inception – High…
A bald statement recorded during survey would not in itself be a foundation for any addition - ITAT In a…
ICAI issued Guidelines for responding to Tenders by Chartered Accountants The ICAI has issued Tender guidelines to Chartered Accountants for…
Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…