Question

Which of the following statements are true regarding The Jan Vishwas (Amendment of Provisions) Act, 2023?

1. The object of this Act is to amend certain enactments for decriminalizing and rationalizing offences
2. The Act provides for the revision of fines and penalties after the expiry of every five years from the date of commencement of the Act
3. The amendment by this Act of any enactment shall not affect any other enactment in which the amended enactment has been applied, incorporated or referred to

• A. Only (i) is true
• B. Only (i) and (ii) are true
• C. Only (i) and (iii) are true
• D. Only (ii) and (iii) are true

Answer 1

Answer:

C. Only (i) and (iii) are true

Overview of The Jan Vishwas (Amendment of Provisions) Act, 2023

• Primary Objective: The Act aims to promote trust-based governance by decriminalizing minor offenses and rationalizing penalties across various central Acts. It seeks to reduce the compliance burden on individuals and businesses by replacing criminal penalties with monetary fines where appropriate.

• Scope: The Act amends 42 laws across 19 ministries/departments, including legislation related to environment, agriculture, media, industry, and trade.

• Decriminalization Strategy: The legislation converts several provisions that previously invited imprisonment into civil penalties, thereby easing the regulatory environment and reducing the pendency of cases in Indian courts.

• Revision of Fines: A crucial feature of the Act is the mandate for the periodic revision of fines. It stipulates that fines and penalties prescribed under the amended Acts will be increased by 10% of the minimum amount every three years, ensuring the deterrent effect of the penalties keeps pace with economic conditions.

• Legal Safeguards: Section 3 of the Act contains a saving clause regarding the interpretation of amendments. It clarifies that any amendment made by this Act to a specific enactment does not invalidate or affect the application, incorporation, or reference of that enactment in any other laws, thereby ensuring legal continuity and preventing unintended legal conflicts.

• The Act grants adjudication officers the power to impose penalties, thereby creating a mechanism for quick dispute resolution outside the conventional criminal court system. This shift is intended to foster an 'Ease of Doing Business' environment in India.