Parliament Passes Jan Vishwas (Amendment of Provisions) Bill To Decriminalise Minor Offences In Various Statutes

Update: 2023-08-03 06:18 GMT
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Rajya Sabha passes the Jan Vishwas (Amendment of Provisions) Bill, 2023 on Wednesday, it was already approved by Lok Sabha last week. It aims to amend 42 laws administered by 19 ministries.According to the Bill, It intends to decriminalise and rationalise minor offences to further “enhance trust- based governance for ease of living and doing business.”The Acts which are proposed to be...

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Rajya Sabha passes the Jan Vishwas (Amendment of Provisions) Bill, 2023 on Wednesday, it was already approved by Lok Sabha last week. It aims to amend 42 laws administered by 19 ministries.

According to the Bill, It intends to decriminalise and rationalise minor offences to further “enhance trust- based governance for ease of living and doing business.”

The Acts which are proposed to be amended by the Bill includes The Press and Registration of Books Act, 1867, Indian Post Office Act, 1923, The Indian Forest Act, 1927, The Copyright Act, 1957, The Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000 etc.

The Fine and penalties provided under various provisions in the enactment mentioned in the Schedule of the Bill will be increased by 10% of the minimum amount of fine or penalty, after the expiry of every three years from the date of commencement of the Act (Bill). It also empowers the central government to appoint one or more Adjudicating Officers for determining penalties.

It omits all the offences under the Indian Post Office Act, 1898 and decriminalises offences under the High Denomination Bank Notes (Demonetisation) Act, 1978. However, the 1978 Act had become redundant because it sought to curb illegal transactions which relied upon high-denomination banknotes, by declaring them to cease to be legal tender on January 16, 1978 and cut off date for exchange of such banknotes was before January 19, 1978.

Concerns are raised that omission of all the offences under Indian Post Office Act, 1898 does not align with the object of the Bill. Repealing of offences like reading or opening of articles posted which was punishable under the Act upto two years of imprisonment, may violate right to privacy.

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