Jan Vishwas (Amendment of Provisions) Bill 2023
Source: PIB
GS II: Governance

Overview

1. News in Brief
2. About Jan Vishwas (Amendment of Provisions) Bill, 2023
3. Key features of the Bill
4. What are the key concerns?

Why in News ?

Lok Sabha passes Jan Vishwas (Amendment of Provisions) Bill, 2023 in Parliament.

News in Brief

• On December 22, 2022, a bill was first introduced in Lok Sabha.
• The Joint Committee of the Parliament was then tasked with looking into the matter.
• The 19 Ministries and Departments, as well as the Legislative Department and Department of Legal Affairs, participated in extensive deliberations with the Joint Committee on the Jan Vishwas (Amendment of Provisions) Bill, 2022.
• The Committee conducted clause-by-clause examination of the Bill through a series of 9 sittings AND adopted its Report.
• 183 provisions are being proposed to be decriminalized in 42 Central Acts under 19 Ministries/Departments.

About Jan Vishwas (Amendment of Provisions) Bill, 2023

What is the purpose of the bill?

• The bill changes a number of fines into penalties, removing the need for judicial prosecution to impose penalties.
• Additionally, numerous offences are no longer punishable by jail.
• The Post Office Act of 1898 is being repealed for all violations.
• Certain violations under certain Acts now carry higher fines and punishments.
• Every three years, these fines and penalties will be raised by 10% of the minimum amount.
• Appointment of Adjudicating officers to finalise penalties with appellate mechanism.

Key features of the Bill

• Decriminalising offence
  • Imprisonment term decriminalised by imposing only a monetary penalty.
  • Example: Personal breach of a lawful contract  punishment with a term of 3 year

    

    imprisonment replaces with a penalty of up to Rs 25 lakh.

  • In certain Acts, offences have been decriminalised by imposing a penalty instead of a fine.
• Removal of offences
  • Certain offences include all offences under the Indian Post Office Act, 1898.
• Fines and penalties
  • Bill increases the fines and penalties for various offences in the specified Acts.
  • The fines and penalties will be increased by 10% of the minimum amount every three years.
• Adjudicating Officers
  • For the purpose of deciding fines, the central government may designate one or more adjudicating officers.
  • Appellate mechanisms for orders passed by officers.

What are the key concerns?

• Competence of Adjudicating Officers added under environmental laws are a matter of concerns.
• Independency in decision making.
• Overlapping functions between proposed and existing funds.

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