The Union Government has recently introduced the Jan Vishwas (Amendment of Provisions) Bill, 2022 in Parliament. As an effort to enhance ease of living and doing business in India, the bill aims to “decriminalize” 183 offenses across 42 legislations. The legislation that will be impacted by this amendment includes the Indian Post Office Act, 1898, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.
Highlights of the Jan Vishwas (Amendment of Provisions) Bill, 2022
The primary focus of the bill is to decriminalize certain offenses and replace imprisonment terms with monetary penalties in specific acts. For example, under the Agricultural Produce (Grading and Marking) Act, 1937, counterfeiting grade designation marks will now be punishable by a penalty of eight lakh rupees instead of up to three years of imprisonment and a fine of up to five thousand rupees.
In the case of the Information Technology Act, 2000, privacy breaches involving personal information disclosure, previously punished by up to three years of imprisonment or a fine of up to five lakh rupees, will now face a penalty of up to 25 lakh rupees.
Revision of Fines and Penalties
Apart from decriminalizing offenses, the bill also increases fines and penalties for various offenses in specified acts. These fines and penalties will subsequently increase by 10% of the minimum amount every three years.
Appointment of Adjudicating Officers
To enforce these new penalties effectively, the central government may appoint one or more adjudicating officers, who can summon individuals for evidence and conduct inquiries into violations of the respected Acts.
Appellate Mechanisms
The bill also details the appellate mechanisms available for those aggrieved by orders passed by adjudicating officers. Within 60 days from the order in the Environment (Protection) Act, 1986, appeals can be filed with the National Green Tribunal.
Rationale Behind the Introduction of the Bill
The introduction of the bill comes amidst concerns about the rise in criminal cases, potential political motives, and overcrowding of prisons. As per the National Judicial Data Grid, out of 4.3 crore pending cases, nearly 3.2 crore cases relate to criminal proceedings. Additionally, prison statistics from the National Crime Records Bureau reveal an occupancy of 5.54 lakh prisoners against a capacity of 4.25 lakh.
Scope of the Jan Vishwas (Amendment of Provisions) Bill, 2022
The bill could potentially lead to ‘quasi-decriminalization.’ As per the Observer Research Foundation’s report titled Jailed for Doing Business, more than 26,134 imprisonment clauses exist in 843 economic legislations, rules, and regulations regulating businesses and economic activities in India. The current decriminalization of offenses under this bill is considered a small step in India’s extensive regulatory framework. The government suggests that a prioritized approach to decriminalization could aid the country’s ease of doing business while addressing systemic issues within the criminal justice system. As per now, the government’s understanding is that decriminalization should be primarily limited to regulatory domains.
