Monday 21 August 2023

The Public Trust (Provisions Amendment) Bill, 2023

The Public Trust (Provisions Amendment) Bill, 2023 (Public Trust Bill) is a bill that was introduced in the Lok Sabha by the Government of India on 22 December 2022. The bill aims to decriminalise 183 provisions in 42 central acts administered by 19 ministries. These provisions include offences that are not harmful to public interest or national security.

The main provisions of the Public Trust Bill are:

  • 183 provisions in 42 central acts will be decriminalised.
  • There will be no penal action for violation of these provisions.
  • Only civil or administrative action will be taken for violation of these provisions.
  • The bill also has an exception provision, which states that if a person is found guilty of an offence that has been decriminalised, they can be punished for that offence.
  • The Public Trust Bill was passed by the Lok Sabha on 20 March 2023 and by the Rajya Sabha on 21 March 2023. The bill was signed by the President on 30 March 2023 and came into force on 1 April 2023.

    The Public Trust Bill has been criticized by some people on the grounds that it is a way to reduce crime and promote criminals.

    However, the government argues that the purpose of the Public Trust Bill is not to reduce crime, but to reduce penal action for offences that are not harmful to public interest or national security. The government also argues that the Public Trust Bill will help to promote trade and investment, as it will enable businesses to operate without fear of penal action for offences that are not harmful to public interest or national security.

    The impact of the Public Trust Bill is still not clear, but it is claimed that it will help to promote trade and investment and reduce crime.

    Here are some of the specific provisions that have been decriminalised by the Public Trust Bill:

    • Failure to produce books, accounts, documents, or records.
    • Making any false or misleading statement or information.
    • Destroying, defacing, removing, or mutilating any information.
    • Obstructing or delaying any inspection.
    • Failing to comply with any order or direction issued by a competent authority.

The decriminalisation of these provisions is expected to reduce the burden on the criminal justice system and free up resources that can be used to address more serious crimes. It is also expected to promote a more business-friendly environment and encourage investment.


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