The Jan Vishwas (Amendment of Provisions) Bill, 2025, and the Amendments to the Drugs and Cosmetics Act, 1940

The Jan Vishwas (Amendment of Provisions) Bill, 2025

The Jan Vishwas (Amendment of Provisions) Bill, 2025, was introduced in the Lok Sabha on August 18, 2025. It aims to amend 17 central Acts to mainly decriminalise or rationalise certain offences and penalties. These include the Motor Vehicles Act, 1988; the Legal Metrology Act, 2009; the Apprentices Act, 1961; and the New Delhi Municipal Council Act, 1994.


Specific Legislative Changes

The gazette notification details changes to a wide array of laws. Here are some key examples:

  • Reserve Bank of India Act, 1934: Amendments focus on offences by non-banking financial companies.
  • Drugs and Cosmetics Act, 1940: Increases fines for certain offences.
  • Central Silk Board Act, 1948: Reduces imprisonment for certain offences and increases monetary penalties.
  • Road Transport Corporations Act, 1950: Replaces references to "punishable with fine" with "liable to a penalty."
  • Tea Act, 1953: Introduces a warning system for first-time offences and penalties for subsequent contraventions.
  • Delhi Municipal Corporation Act, 1957/New Delhi Municipal Council Act, 1994:
  • Apprentices Act, 1961: Introduces a system of advisory and censure for first offences.
  • Textiles Committee Act, 1963: Introduces a mechanism for adjudication of penalties.
  • Handlooms (Reservation of Articles for Production) Act, 1985: Increases the severity of penalties.
  • Agricultural and Processed Food Products Export Development Authority Act, 1985: Provides penalties for false reports.
  • Motor Vehicles Act, 1988: Streamlines process and penalties.


Drugs and Cosmetics Act, 1940

Let's delve deeper into the specific amendments to the Drugs and Cosmetics Act, 1940, as outlined in the gazette notification.


Focus of the Amendments

The key amendment to the Drugs and Cosmetics Act in this notification mainly aims to increase monetary fines for certain offences, while seemingly removing the possibility of imprisonment for those offences. The goal appears to align with the broader "Jan Vishwas" initiative of decriminalising minor offences, emphasising financial penalties as a deterrent instead.


Specific Amendment Detail

The bill explicitly mentions amending Section 33-I, sub-section (2), of the Drugs and Cosmetics Act, 1940. Here's a breakdown:

  • Original Provision (Prior to Amendment): Section 33-I (2) previously stipulated that an offence under that section would be punishable with imprisonment for a term that could extend to six months AND with a fine, the lower limit was ten thousand rupees.
  • Amended Provision (Under Jan Vishwas Bill 2025): The amendment removes the possibility of imprisonment. The amended text states that the offence will be punishable only with a fine, and that the amount "shall not be less than thirty thousand rupees".


Understanding Section 33-I: Powers of Inspectors

It's important to understand that Section 33-I mainly addresses the powers of inspectors appointed under the Act. This is significant because Section 33-I(2) penalises those who obstruct or hinder the inspector from exercising those powers.


Offences under Section 33-I (2): Direct Obstruction

In essence, Section 33-I (2) covers offences related to direct obstruction of a Drugs Inspector in the legitimate execution of their duties. Here are the primary ways an individual or entity could violate this section:


Interpretation and Implications

  • Decriminalisation (Partial): The amendment eliminates the threat of imprisonment for violations under this specific section of the Act. This removes the stigma and potential hardship associated with a jail sentence.
  • Increased Financial Deterrent: While imprisonment is removed, the minimum financial penalty is significantly increased, which could be seen as a more immediate and relevant deterrent for some businesses and individuals. The thirty thousand rupees may be more than the previous ten thousand.
  • Impact on Enforcement: Enforcement could become more streamlined since it removes the need for court proceedings for imprisonment. However, it also places more reliance on the effectiveness of the fine as a deterrent.
  • Shift in Focus: This change signals a shift in focus from punitive incarceration to a more regulatory approach, emphasising compliance and financial accountability.


Possible Scenarios and Offences Affected

While the bill specifies Section 33-I, it's essential to understand what violations are covered under that section. In short, Section 33-I empowers inspectors with specific responsibilities, and it's typically a barrier to those, so some violations might include:

  • Preventing an inspector from taking samples.
  • Attempting to conceal substances from an inspector.
  • Not providing the requested information.
  • Not complying with orders issued by the inspector related to labelling or storage.


Additional Considerations

  • Context is Crucial: The actual impact depends on how the amended provisions are enforced and interpreted by the relevant authorities.
  • Other Sections of the Act: It's essential to remember that this amendment only applies to Section 33-I (2). Other sections of the Drugs and Cosmetics Act may still carry imprisonment terms. The "Jan Vishwas" initiative may address those separately.
  • Potential Benefits: Better compliance and fewer clogged courts.



The Bill's text, in detail, can be found here.


Location: Mumbai, Maharashtra, India

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