Bid to decriminalise 300+ law provisions

New Delhi: Ministries and departments are working overtime to push for decriminalising 300-400 provisions across laws as part of the Modi govt’s push to shift to a regime where minor offences do not attract jail terms.

Ministries have identified provisions where fines will be replaced with penalty to avoid matters going to courts and for on-the-spot compliance and removal of jail terms with higher fines.

Jan Vishwas 2 bill was introduced earlier this year, which sought to decriminalise 288 provisions. The bill was referred to a select committee of Parliament, which is looking at the provisions. Officials said that ministries will be suggesting amendments to the panel and a high-level committee headed by former cabinet secretary has also made several suggestions, which will be shared with the select committee of Parliament.

“The idea is to make life simpler for businesses as they often spend years running to legal forum fighting to get their names cleared and avoid jail sentences for minor offences,” said an official. In some cases, officials said, the nature of violations have changed but the laws have not kept pace with the changes.

TOI has learnt that the road transport ministry has identified over a dozen additional provisions under the Motor Vehicles Act and National Highways Act to decriminalise them, in addition to the over 50 provisions that have been included in the Jan Vishswas Bill 2.0.

Sources said these were also shared with the Parliamentary panel. For example, the provision of jail for withholding any information or giving false information would be replaced with Rs 500-Rs 2,000 penalty. Similarly, the provision of up to six months jail for driver for failing to secure medical aid, give accident details and insurer after an accident would be replaced with Rs 5,000-Rs 10,000 penalty. The provision of up to jail and Rs 25,000 fine for guardian or owner for juvenile committing offence would be replaced with only a penalty.

For driving a vehicle without insurance, the current provision of jail and fine would be replaced with three-to-five times increase in premium. In hit and run cases, the current provision of two-year jail or Rs 25,000 fine or both, it would be changed to Rs 1 lakh fine.

Similarly, the provision of up to five years jail or fine for intentionally damaging an NH stretch would be replaced with a high penalty.

Sources said provisions of fine and jail for offences under the Metro Railways Operation and Maintenance Act would be replaced with penalty. These include jail and fine for drunkenness or nuisance on metro railway, unlawfully entering or remaining upon metro railway or walking on metro track.

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