Decriminalization of offences under the Legal Metrology Act, 2009
In a move aimed at simplifying regulations and fostering a business-friendly environment, the Indian
government recently introduced the Jan Vishwas (Amendment of Provisions) Act, 2023. This Act,
approved by the President on August 11, 2023, focuses on revising penalties for various offences under
the Legal Metrology Act, 2009.
Legal Metrology Act, 2009
The Legal Metrology Act, 2009, was put in place to ensure fairness in trade by setting standards for
weights and measures. Over time, however, it became clear that some of these rules were outdated and
overly complicated. This is where the Jan Vishwas Act steps in.
Jan Vishwas Act
The changes to the Legal Metrology Act, 2009, brought in by the Jan Vishwas Act, 2023, is all about
making trade rules simpler and fairer. They're like updating the rulebook to ensure businesses use the
right weights and measures. With these updates, fines for mistakes are adjusted to be more reasonable.
Plus, there's now a way to resolve some issues without going through the hassle of court. It's all about
promoting honesty and fairness in trade, making things easier for businesses while still looking out for
consumers.
Key Focus of the Amendment
The main goal of the changes made to the Legal Metrology Act, 2009, under the Jan Vishwas Act, 2023,
is to shift away from using imprisonment as a punishment and instead opting for higher fines in certain
situations. This means that instead of sending people to jail for certain mistakes or violations related to
weights and measures in trade, the emphasis is now on imposing heavier fines.
Revised Penalties Under the Legal Metrology Act, 2009
| Section | Offence | Previous Penalty | New Penalty (After Amendment) |
|---|---|---|---|
|
25 |
Use of non-standard
weight or measure |
Fines up to ₹25,000 and
imprisonment for
subsequent offences |
Fines: ₹1,00,000 (1st offence)
₹2,00,000 (2nd offence) ₹5,00,000
(3rd and subsequent offences) |
|
27 |
Manufacture or sale of
non-standard weight or
measure |
Fines up to ₹20,000;
Imprisonment for
subsequent offences |
Fines: ₹1,00,000 (1st offence)
₹2,00,000 (2nd offence) ₹4,00,000
(3rd and subsequent offences) |
|
28 |
Making any transaction
in contravention of
prescribed standards |
Fines up to ₹10,000;
Imprisonment for
subsequent offences |
Fines: ₹50,000 (1st offence)
₹1,00,000 (2nd offence),
₹2,00,000 (3rd and subsequent
offences) |
|
29 |
Quoting or publishing
non-standard units |
Fines up to ₹10,000;
Imprisonment for
subsequent offences |
Fines: ₹50,000 (1st offence),
₹1,00,000 (2nd offence) ₹2,00,000
(3rd and subsequent offences) |
|
31 |
Non-production of
documents |
Fines up to ₹5,000;
Imprisonment for
subsequent offences |
Fines: ₹25,000 (1st offence)
₹50,000 (2nd offence) ₹1,00,000
(3rd and subsequent offences) |
|
34 |
Sale or delivery of
commodities by non-
standard weight or
measure |
Fines and imprisonment
for subsequent offences |
Fines: ₹25,000 (1st offence)
₹50,000 (2nd offence) ₹1,00,000
(3rd and subsequent offences) |
|
35 |
Rendering services by
non-standard weight,
measure, or number |
Fines and imprisonment
for subsequent offences |
Fines: ₹25,000 (1st offence)
₹50,000 (2nd offence) ₹1,00,000
(3rd and subsequent offences) |
Conclusion:
In conclusion, the amendments to the Legal Metrology Act, 2009, reflect a significant shift towards
imposing heavier fines instead of resorting to imprisonment for certain offences. This move aims to
promote accountability and fairness in trade practices while minimizing the burden on the judicial
system. By emphasizing fines over imprisonment, the amendments strive to strike a balance between
enforcing regulations and supporting ease of doing business. Ultimately, these changes are intended to
encourage compliance with trade standards and foster a more transparent and trustworthy business
environment.
The content of this article is intended to provide a general guide to the subject matter. Specialistadvice should be sought about your specific circumstances.
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