The Central Government has declared that the Advocates (Amendment) Act, 2023, will be activated on September 30, 2024. This announcement came under the provisions of sub-section (2) of section 1 of the Act, heralding a pivotal shift in the governance of legal professionals across India.
The Ministry of Law and Justice elaborated that this amendment aims to revitalize the foundational Advocates Act of 1961, promising to enhance the integrity and accountability of legal practitioners. The upcoming changes are designed to tackle issues ranging from the conduct of advocates to the perennial problem of malpractice within the legal community.
A notable amendment, Section 45A, will enable judiciary bodies such as High Courts and Sessions Judges to identify and list individuals known for touting. Touts, often seen soliciting business for lawyers for a fee, will now face stricter scrutiny and potential penalties. This section aims to disincentivize the practice by allowing accused individuals to contest their inclusion on the list before it becomes final.
Under the new act, anyone listed as a tout and caught practicing touting could face up to three months in jail or a fine up to five hundred rupees, or possibly both. This measure is intended to deter the activities that undermine the ethics of the legal profession.
Further empowering the legal authorities, the act enables courts to restrict access to court premises for anyone whose name appears on the tout list. This is part of a broader effort to maintain the sanctity and decorum of court environments.
With the enforcement of the new provisions, certain outdated sections of the Legal Practitioners Act, 1879, will be repealed. This move is aimed at modernizing and aligning old laws with current judicial and legal realities.
