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The Lok Sabha on Thursday passed the ‘Jan Vishwas (Amendment of Provisions) Bill, 2023’, as reported by the Joint Committee.’
The bill aims to achieve the government’s stated objective of ‘Minimum Government Maximum Governance’ by redefining the regulatory landscape of the country under the ease of living and ease of doing business reforms. The bill was introduced during the budget session of Parliament and then referred to the Joint Committee.
The committee gave seven general recommendations and 98 recommendations on the various provisions contained in 42 Acts.
There are three broad principles followed by the Committee in amendments recommended in the Bill:
- First, the provision of fine for offences of minor nature has been substituted with a monetary penalty to avoid involvement of Courts and to ensure ease of living and doing business.
- Second, provisions where both imprisonment and fine were prescribed have been reviewed and in most cases, they have been substituted with a monetary penalty. In some cases where the minor offenses are of violations affecting public interest, the penalty of imprisonment along with fine has been retained with lesser duration.
- Third, provisions involving significant public interest where amendments for removal of imprisonment or doing away with fine have been proposed, are reviewed and imprisonment and fine have been retained or made harsher viz-a-viz the existing Act.
‘Consolidated legislation’
The committee noted that the Government, in its effort to make the country a preferred global investment destination and to boost investors’ confidence, had brought the Bill which envisages rationalisation of monetary penalties and decriminalising a large number of offenses of minor nature by replacing the punishment with monetary penalties.
The Committee appreciated the intent and noted that the Government had earlier repealed a number of laws from the statute book as they had become obsolete. However, this Bill is a consolidated legislation with a holistic approach to decriminalise minor offenses, which will reduce the burden of the judiciary. The Committee recommended that such an exercise be continued in the future by reviewing similar Acts and legislations brought before Parliament.
The Committee recommended that the Union Government and DPIIT may issue suitable advisories to State Governments and Union Territories to take suitable action on similar lines taken by the Central Government in reforming their laws and decriminalising minor offenses by replacing punishments with monetary penalties, which shall also reduce the burden of cases in judicial system and improve investors’ confidence.
It recommended that the Union Government may issue an advisory to all the State Governments to review the legislations which are in the exclusive domain of State Governments to decriminalise minor offences on the similar lines as done by the Union Government to realise ease of living and doing business in real sense.
The Committee noted that the civil liabilities can be imposed with retrospective effect, unlike criminal liabilities. However, the criminal liabilities can be done away with retrospective effect. Accordingly, it recommended bringing the amendments proposed in the Bill with retrospective effect thereby abating the pending legal proceedings in respect of offences being decriminalised.
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