With a view to enable ease of doing business by decriminalizing minor offences, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (“Bill”) has been passed in Lok Sabha. The Bill proposes to amend 183 provisions in 42 Central Acts.
To implement decriminalization, the following methods have been adopted:
- By removing fines and imprisonment in some provisions
- By removing imprisonment and enhancing fine in some provisions
- By converting imprisonment and fine into penalty in some provisions
- By introducing compounding of offences in some provisions.
Some of the Central Legislations which have been decriminalized are as follows:
- The Legal Metrology Act, 2009
- The Information Technology Act, 2000
- The Environment Protection Act, 1986
- The Air (Prevention and Control of Pollution) Act, 1981
- The Payment and Settlement Systems Act, 2007
- The Drugs and Cosmetics Act, 1940
- The Food Safety and Standards Act, 2006
- The Cable Television Networks (Regulation) Act, 1995
- The Boilers Act, 1923
- The Industries (Development and Regulation) Act, 1951
- The Prevention of Money-laundering Act, 2002
The Bill aims to contribute to rationalizing criminal provisions and ensuring that citizens, businesses and the government departments operate without fear of imprisonment for minor, technical or procedural defaults and the enactment of this legislation would be a landmark in the journey of rationalizing laws, eliminating barriers and bolstering growth of businesses.
Background:
The Bill was first introduced in Lok Sabha on 22nd December, 2022 in order to establish a balance between the severity of the offence/violation committed and the gravity of the prescribed punishment.
Source: Press Information Bureau