An Act Decriminalising Minor Offences
In order to amend certain enactments for decriminalizing and rationalizing minor offences and to further enhance trust-based governance for ease of living and doing business, the Jan Vishwas (Amendment of Provisions) Bill, 2023 was taken up and approved by both houses of Parliament during its recent monsoon session in July – August 2023. Later, on August 11, 2023, the Jan Vishwas (Amendment of Provisions) Act, 2023 (“Act”) received assent from the President of India. The Act proposes to amend and decriminalize 183 provisions in 42 Acts which are administered by 19 Ministries/ Departments.
The Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) vide its Notification No. S.O. 4128 (E), dated 19th September 2023, appointed 1st October 2023 as the date on which the amended provisions related to the Legal Metrology Act, 2009 at serial no. 40 of the Act shall come into force.
The Act on the one hand decriminalizes certain minor offences and on the other hand, in order to create a deterrent effect, increases the monetary penalties depending upon the gravity of the offence. The sole aim is to make the balance of interest and to encourage the ease of living and doing business amongst the public at large. Thus, there is a probability of an increase in the monetary penalties by 10% of the minimum amount every three years.
In the instant article, we will only highlight the amendments made to a few sections of the Legal Metrology Act, of 2009.
The term “metrology” is defined as “the scientific study of the measurement”. In other words, a system of weight and measure. The uniform standard of weights and measures based on the metric system was established in India in the year 1956. In order to give effect to the international system of units, the said uniform standard was revised and The Standard Weights and Measures Act, 1976 came into force. Subsequently, the Standards of Weight and Measures (Enforcement) Act, 1985 came into force for the enforcement of the standards of weights and measures.
However, the advancement of technology has made it necessary to make the above-said enactment simple, eliminate obsolete regulations, ensure accountability and bring transparency. Hence, the Legal Metrology Act, of 2009 came into force on 01.04.2011. The aim of the Legal Metrology Act, of 2009 was to establish and enforce the standards of weights and measures and regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number.
The Legal Metrology Act, 2009 (hereinafter referred to as “LM Act”) is one of those 42 Acts wherein certain minor offences were decriminalized by revoking the imprisonment of offences The said amendments have also declared Sections 25, Sections 27 to 39, and Section 41 under section 48 as “compoundable”.
The amendments made to the provisions of the LM Act are mentioned hereinbelow in seriatim: –
Section 25 of the LM Act deals with the “Penalty for use of non-standard weight or measure”. The monetary punishment was increased from Rs.25,000/- to Rs.1,00,000/-, and for the second or subsequent offence, the punishment of imprisonment for a term which may extend to six months along with a fine was amended and a monetary punishment of Rs.2,00,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.5,00,000/-.
Section 27 of the LM Act deals with the “Penalty for manufacture or sale of non-standard weight or measure”.The monetary punishment was increased from Rs.20,000/- to Rs.1,00,000/-, and for the second or subsequent offence, the punishment of imprisonment for a term which may extend to three years or with fine or with both was amended and a monetary punishment of Rs.2,00,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.4,00,000/-.
Section 28 of the LM Act deals with the “Penalty for making any transaction, deal or contract in contravention of the prescribed standards”. The monetary punishment was increased from Rs.10,000/- to Rs.50,000/-, and for the second or subsequent offence, the punishment of imprisonment for a term which may extend to one year or with fine or with both was amended and a monetary punishment of Rs.1,00,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.2,00,000/-.
Section 29 of the LM Act deals with the “Penalty for quoting or publishing, etc., of non-standard units”. The monetary punishment was increased from Rs.10,000/- to Rs.50,000/-, and for the second or subsequent offence, the punishment of imprisonment for a term which may extend to one year or with fine or with both was amended and a monetary punishment of Rs.1,00,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.2,00,000/-.
Section 31 of the LM Act deals with the “Penalty for non-production of documents, etc.”. The monetary punishment was increased from Rs.5,000/- to Rs.25,000/-, and for the second or subsequent offence, the punishment of imprisonment for a term which may extend to one year along with a fine was amended and a monetary punishment of Rs.50,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.1,00,000/-.
Section 34 of the LM Act deals with the “Penalty for sale or delivery of commodities, etc., by non-standard weight or measure”. The monetary punishment was increased from Rs.2,000/- but the same may extend to Rs.5,000/-. The said amount was amended and an amount of Rs.25,000/- would be payable for the first offence. In the second or subsequent offence, the punishment of imprisonment for a term which shall not be less than three months, but which may extend to one year or with a fine or with both was amended and a monetary punishment of Rs.50,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.1,00,000/-.
Section 35 of the LM Act deals with the “Penalty for rendering services by non-standard weight, measure or number”. The monetary punishment was not less than Rs.2,000/- but the same may extend to Rs.5,000/-. The said amount was amended and an amount of Rs.25,000/- would be payable for the first offence. In the second or subsequent offence, the punishment of imprisonment for a term which shall not be less than three months, but which may extend to one year along with a fine was amended and a monetary punishment of Rs.50,000/- is imposed. And for the third and subsequent offence, the fine would be Rs.1,00,000/-.
Section 48 of the LM Act deals with the “Compounding of offences”. Clauses no. 1, 2 & 3 of Section 48 of the Act were amended and “Section 41” of the Act is added in clauses no. 1, 2 & 3 of Section 48 of the Act making the offence of Section 41 a Compoundable Offences.
Analysis and Conclusion:
The present Jan Vishwas (Amendment of Provisions) Act, 2023 has on the one hand brought with it decriminalization of certain minor provisions of the Legal Metrology Act, 2009 by ensuing some ease of living and doing business in the Indian Market and further promoting and attracting foreign investors in India but on the other hand with the increase monetary penalties, it might affect the small manufacturers/small-scale industries.
However, it can also be reckoned that with this “decriminalization of minor offences”, the burden on Indian Courts will be lessened and this will definitely not put an addition to the pending cases in India. We believe that with the ultimate aim of enhancing trust-based governance, these new amended provisions benefit the ease of living and doing business in India.
King Stubb & Kasiva,
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