The recently passed Jan Vishwas (Amendment of Provisions) Bill, 2023, in the Lok Sabha is aimed at improving both the Ease of Living and Ease of Doing Business in the country. This Bill brings about modifications to around 183 provisions across 42 Central Acts handled by 19 different Ministries/Departments. These amendments span a variety of fields including environment, agriculture, media, industry, trade, information technology, copyright, motor vehicles, cinematography, food safety, among others, with the primary goal being to decriminalize minor offenses.
Understanding the Jan Vishwas (Amendment of Provisions) Bill, 2023
Presented in Lok Sabha on 22nd December 2022, this Bill’s primary aim is to replace criminal penalties associated with minor offences that do not affect public interest or national security with civil penalties or administrative actions. The move seeks to alleviate the load on the justice system, address technical and procedural defaults without imposing heavy penalties, balance the severity of the offense with the prescribed punishment, and promote the growth of businesses by making the legal environment more accommodating.
Key Features of the Bill
This newly passed Bill intends to replace imprisonment terms and/or fines in certain provisions with penalties in others. The adjudicating officers appointed by the respective Ministries/Departments will determine these Penalties.
The Bill also introduces compounding of offenses, empowering offenders to settle disputes by paying a specified sum instead of undergoing a court trial. It also mandates the revision of fines and penalties every three years, necessitating an increase of 10% of the minimum amount for various offenses under the designated Acts.
Importantly, the bill also eliminates all offenses and penalties under the Indian Post Office Act of 1898, deeming it outdated and irrelevant in today’s context.
Benefits of the Bill
By introducing an administrative adjudication mechanism, the Bill hopes to alleviate judicial pressure, reduce case backlogs, and expedite justice delivery. The Bill is expected to engender trust-based governance by facilitating the operations of citizens, businesses, and government departments without the fear of imprisonment for minor, technical or procedural defaults.
Concerns about the Bill
However, the transformation from imprisonment to fines or penalties is not considered comprehensive decriminalization by some experts who term it as ‘quasi-decriminalization’. They advocate for more efforts towards institutionalizing true decriminalization. Doubts have also been voiced regarding the aptitude of adjudicating officers appointed under the Environment (Protection) Act,1986, and Air (Prevention and Control of Pollution) Act, questioning their technical competence for such legal proceedings.
Key Laws Impacted by the Bill
The Jan Vishwas Bill will bring significant changes to a number of key laws including – The Indian Forest Act,1927, The Air (Prevention and Control of Pollution) Act, 1981, The Information Technology Act, 2000, The Environment (Protection) Act, 1986, The Copyright Act,1957, The Patents Act, 1970, The Railways Act, 1989, and The Food Safety and Standards Act, 2006.
