Jan Vishwas Act, 2023: Decriminalisation for Ease or a Compromise on Accountability?
- NLR Journal
- Jul 15
- 1 min read
By Dr. Poornima Eknath Surve, Principal, Shivajirao S. Jondhle Institute of
Law and Research, Asangaon.
Abstract
The Jan Vishwas (Amendment of Provisions) Act, 2023 represents a significant departure from the traditional punitive approach that has long defined India’s regulatory regime. Aimed at fostering a more conducive environment for businesses and reducing the burden on criminal courts, the Act amends over 40 legislations by substituting imprisonment clauses with monetary penalties and introducing compounding provisions. At first glance, this legislative overhaul seems timely and reformative. However, a closer look reveals a more complex landscape—one where ease of doing business intersects with concerns over weakened regulatory enforcement and accountability.
This comment critically examines the Act’s legislative intent, the laws it alters, and the broader implications it carries for India's regulatory ecosystem. It evaluates whether decriminalization, as implemented, serves the public interest or opens the door to administrative overreach and diminished deterrence. While the reform seeks to correct over-criminalization of technical breaches, the risk of overlooking sector-specific safeguards cannot be ignored. The comment concludes with policy suggestions to strike a careful balance between facilitating compliance and preserving the integrity of public law enforcement.
Keywords: Jan Vishwas Act, decriminalization, regulatory reform, accountability, compounding offences, administrative discretion.
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