Decriminalization of offences under the Legal Metrology Act, 2009 viz-a-viz the Jan Vishwas (Amendment of Provisions) Act, 2023
On 11 August 2023, a notification[1] was released by the Ministry of Law and Justice in the Gazette of India, informing the general public about the Jan Vishwas (Amendment of Provisions) Act, 2023 (“Jan Vishwas Act”) receiving assent from the President of India.
The Jan Vishwas Act is an attempt by the Government of India to amend certain Central legislations for decriminalizing and rationalizing offences mentioned in the provisions. By decriminalizing such provisions, the Government of India may intend to encourage risk-taking, innovation and investment by providing greater legal clarity and reducing the fear of unintended legal consequences. In doing so, it may enhance trust-based governance for ease of living and doing business. The Jan Vishwas Act seeks to amend 42 Central legislations, published under various Ministries, including the Legal Metrology Act, 2009 (“LM Act”).
Although the Jan Vishwas Act was notified on 11 August, the legislation shall come into force on a date as decided by the Central Government, through notification in the Official Gazette. Furthermore, different dates may be appointed for amendments relating to different Central legislations mentioned in the Schedule appended to the Jan Vishwas Act.
Finally, on 19 September 2023, the Ministry of Consumer Affairs, Food and Public Distribution released a notification[2] in the Gazette of India, appointing 1 October 2023 as the date on which the provisions of the Jan Vishwas Act shall come into force, in so far as it relates to the LM Act.
Summarized below are the changes brought about to the LM Act viz-a-viz the Jan Vishwas Act, following which certain offences mentioned in the provisions have been decriminalized and rationalized. The LM Act has innumerable imprisonment clauses, the contravention of which is rectifiable and not grave. The changes introduced by the Jan Vishwas Act for decriminalizing minor offences herein may give relief to the business houses and may further help to reduce the burden on courts with backlog cases.
| S. No. | LM Act Provision | Existing Punishment | Amended Punishment |
| 1 | Section 25 | INR 25,000 and for the second or subsequent offence, with imprisonment for a term which may extend to 6 months and also with fine | INR 1,00,000 and for the second offence with fine which may extend to INR 2,00,000 and for the third and subsequent offence, with fine which may extend to INR 5,00,000 |
| 2 | Section 27 | INR 20,000 and for the second or subsequent offence with imprisonment for a term which may extend to 3 years or with fine or with both | INR 1,00,000 and for the second offence with fine which may extend to INR 2,00,000 and for the third and subsequent offence, with fine which may extend to INR 4,00,000 |
| 3 | Section 28 | INR 10,000 and for the second or subsequent offence, with imprisonment for a term which may extend to 1 year, or with fine, or with both | INR 50,000 and for the second offence with fine which may extend to INR 1,00,000 and for the third and subsequent offence with fine which may extend to INR 2,00,000 |
| 4 | Section 29 | INR 10,000 and, for the second or subsequent offence, with imprisonment for a term which may extend to 1 year, or with fine, or with both | INR 50,000 for the second offence with fine which may extend to INR 1,00,000 and for the third and subsequent offence with a fine which may extend to INR 2,00,000 |
| 5 | Section 31 | INR 5,000 and for the second or subsequent offence, with imprisonment for a term which may extend to 1 year and also with fine | INR 25,000 and for the second offence with fine which may extend to INR 50,000 and for the third and subsequent offence, with fine which may extend to INR 1,00,000 |
| 6 | Section 34 | Fine which shall not be less than INR 2,000, but which may extend to INR 5,000 and, for the second or subsequent offence, with imprisonment for a term which shall not be less than 3 months but which may extend to 1 year, or with fine, or with both | Fine which may extend to INR 25,000 and for the second offence with fine which may extend to INR 50,000 and for the third and subsequent offence, with fine which may extend to INR 1,00,000 |
| 7 | Section 35 | Fine which shall not be less than INR 2,000, but which may extend to INR 5,000 and, for the second or subsequent offence, with imprisonment for a term which shall not be less than 3 months but which may extend to 1 year, or with fine, or with both | Fine which may extend to INR 25,000 and for the second offence with fine which may extend to INR 50,000 and for the third and subsequent offence, with fine which may extend to INR 1,00,000 |
[1] https://egazette.gov.in/WriteReadData/2023/248047.pdf
[2] https://consumeraffairs.nic.in/sites/default/files/uploads/legal-metrology-acts-rules/Notification%20for%20enforcement%20of%20provisions%20of%20LM%20ACt%20under%20the%20Jas%20Vishwas%20Act%2C%202023.pdf
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