Jan Vishwas Act, 2023

Background and evolution

India's statute books contain thousands of provisions that prescribe imprisonment for minor or technical lapses, such as delays in filing returns, procedural errors in registration, or minor packaging violations. Studies such as one by the Observer Research Foundation in 2022 counted more than 26,000 imprisonment clauses in business-related laws and rules. Business groups and policy experts argued that criminalising minor lapses encouraged harassment and corruption, clogged courts and deterred investment.

The government introduced the Jan Vishwas Bill in December 2022. A Joint Parliamentary Committee examined it and recommended changes, and Parliament passed it in 2023. Rather than repealing laws, the Act changed specific provisions in laws dealing with agriculture, environment, media, industry, trade, publication, postal services and information technology.

Key features and provisions

• Decriminalisation: imprisonment replaced with fines or penalties, or removed, for minor offences.
• Adjudication: penalties decided by adjudicating officers through administrative processes instead of criminal courts, with appeals to designated authorities.
• Revision of fines: fines and penalties to be revised periodically, increasing by 10% of the minimum every three years in some laws.
• Examples of laws amended: Indian Post Office Act, 1898; Environment (Protection) Act, 1986; Air Act, 1981; Water Act, 1974; Information Technology Act, 2000; Cinematograph Act, 1952; Legal Metrology Act, 2009; Drugs and Cosmetics Act, 1940; Copyright Act, 1957.
• Omissions: some outdated provisions omitted entirely.
• Warnings and advisories: for first-time minor violations in some laws.