The Jan Vishwas (Amendment of Provisions) Act, 2023 is a significant legislative reform that targets the decriminalization and rationalization of 183 provisions in 42 Central Acts administered by 19 Ministries/Departments. This bill aims to enhance trust-based governance, ease of living, and business operations. Here’s a comprehensive overview of the key aspects of the Act:
1. Legislative Journey: The bill was introduced in Lok Sabha on December 22, 2022, and later referred to the Joint Committee of the Parliament. After detailed discussions, the bill received support and suggestions from various quarters. The Committee adopted its report on March 13, 2023. The bill was subsequently passed in Lok Sabha on June 27, 2023, and in Rajya Sabha on August 2, 2023. It received the President’s assent on August 11, 2023.
2. Decriminalization and Rationalization: The Jan Vishwas Act proposes to decriminalize and rationalize various offenses across different Ministries/Departments. The bill impacts 42 Central Acts, including ones related to agriculture, commerce, defense, economic affairs, information technology, environment, health, transportation, and more.
3. Nature of Amendments: The proposed amendments aim to achieve decriminalization in several ways, including:
- Removal of Imprisonment and/or Fine: In some provisions, both imprisonment and/or fines are proposed to be removed.
- Removal of Imprisonment: In some cases, imprisonment will be removed, but fines will be retained.
- Enhancement of Fine: In specific provisions, imprisonment will be removed, but fines will be increased.
- Conversion of Imprisonment and Fine to Penalty: In certain instances, imprisonment and fines will be converted to penalties.
- Introduction of Compounding: Compounding of offenses is proposed to be introduced in selected provisions.
4. Implementation Mechanisms: The Act proposes measures for effective implementation, such as:
- Pragmatic Revision of Fines and Penalties: The fines and penalties will be periodically revised to reflect the severity of the offense.
- Adjudicating Officers: The establishment of Adjudicating Officers will help in administering penalties.
- Appellate Authorities: Appellate Authorities will be established to address appeals against penalties.
- Periodic Increase in Fines: The quantum of fines and penalties will be periodically increased.
5. Benefits and Impact: The Jan Vishwas Act is expected to yield various benefits, including:
- Rationalization of Criminal Provisions: Minor, technical, and procedural defaults will no longer attract severe criminal consequences, reducing the burden on the justice system.
- Balanced Punishments: The Act aims to establish a balance between the severity of offenses and the prescribed punishments.
- Efficient Justice Dispensation: Administrative adjudication mechanisms will reduce pressure on the justice system and lead to more efficient justice dispensation.
- Decriminalization for Citizens: Citizens and specific government employees will no longer live in fear of imprisonment for minor violations.
- Business Growth: The legislation’s rationalization of laws will facilitate business growth and provide a guiding principle for future amendments.
In summary, the Jan Vishwas (Amendment of Provisions) Act, 2023 is a significant step toward rationalizing criminal provisions and promoting ease of living and business operations. By targeting the decriminalization of various offenses and introducing mechanisms for effective implementation, this Act contributes to a more balanced and efficient governance framework.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 11th August, 2023/ Sravana 20, 1945 (Saka)
The following Act of Parliament received the assent of the President on the 11th August, 2023 and is hereby published for general information:—
THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023
NO. 18 OF 2023
[11th August, 2023.]
An Act to amend certain enactments for decriminalising and rationalising offences to further enhance trust-based governance for ease of living and doing business.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
1. Short title and commencement.
(1) This Act may be called the Jan Vishwas (Amendment of Provisions) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for amendments relating to different enactments mentioned in the Schedule.
2. Amendment of certain enactments.
The enactments mentioned in column (4) of the Schedule are hereby amended to the extent and in the manner mentioned in column (5) thereof.
3. Revision of fines and penalties.
The fines and penalties provided under various provisions in the enactments mentioned in the Schedule shall be increased by ten per cent. of the minimum amount of fine or penalty, as the case may be, prescribed therefor, after the expiry of every three years from the date of commencement of this Act.
4. Savings.
The amendment or repeal by this Act of any enactment shall not affect any other enactment in which the amended or repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended or repealed;
nor shall the amendment or repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
