The Department of Consumer Affairs, Legal Metrology Division has invited comments / suggestions on its proposed amendments to decriminalize certain offences under the Legal Metrology Act, 2009 (“Act”).
Key highlights of proposed amendments
• Offences such as use of non-standard weight, tampering standards, sale / manufacture of non-standard weights and measures, non-production of documents and various other offences are being proposed to be decriminalized in the Act.
• As per the proposal, for many offences under the Act now a penalty will be imposed instead of imprisonment since the violation may not necessarily involve mens rea (malafide / criminal intent) and may not adversely affect public interest at large.
• Currently, under the Act when a case is booked either on first offence or second or subsequent offence, there is no provision of arrest. The cases booked by the Inspector, Legal Metrology (LMO) in case of non–compounding, are filed in the Court of Law, and the Court after following the due procedure summons the offenders, who may be present personally or through an Advocate. However, if the Court summons the person to be present personally and if he fails to be present, the Court may again summon or issue warrant. In case of warrant, the person needs Bail.
• Criminal offence often requires the standard of proof to be beyond reasonable doubt, a much higher threshold than the standard adopted for civil wrongs. Many critics have, therefore, questioned the efficiency of criminal law in dealing with misconduct; many offences which are of technical nature could be shifted to civil liability from criminal liability.
• The offences which can be decriminalised should not have –
Mens rea (malafide / criminal intent) therefore, it is critical to evaluate the nature of non-compliance i.e. fraud as compared to negligence or inadvertent omission; and
where the larger public interest is affected adversely.
Therefore, there is a need to review the civil and criminal penalties under the Act considering their suitability for the imposition of criminal liability. This exercise requires a review and categorisation of both compoundable and non-compoundable offences under the Act.
The comments are invited from the State Governments / UT Administrations, Civil Society/ Non-Government Organisations, Academicians, Public and Private Sector organisations, Multilateral Institutions and members of the public. The relevant Act and specific provision(s) proposed for amendment are provided in Table 1 of the attached document. ¬¬¬
Comments and suggestions may be emailed in a prescribed format at : js-ca@nic.in and can also be submitted to Shri Amit Mehta, Joint Secretary, Department of Consumer Affairs, Krishi Bhawan, New Delhi – 110001, Ph. : 011-23386666 within 12th August, 2020 i.e. 30 days from the issuance of this notice.
Source : Department of Consumers Affairs, Legal Metrology Division
