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Jan Vishwas Bill, 2026 decriminalises minor offences in health sector

  • BY India News Newsdesk
  • April 3, 2026
  • 0 COMMENTS

New Delhi, April 3 (IANS) The amendments in the Jan Vishwas (Amendment of Provisions) Bill, 2026 span key legislations in the health sector, aligning with the broader objective of simplifying compliance while maintaining robust safeguards for public health, Health Ministry said on Friday.

This includes the Drugs and Cosmetics Act, 1940; the Pharmacy Act, 1948; the Food Safety and Standards Act; the Clinical Establishments (Registration and Regulation) Act, 2010; and the National Commission for Allied and Healthcare Professions Act, 2021.

“A central feature of these reforms is the replacement of criminal penalties, particularly imprisonment for minor procedural violations, with graded monetary penalties. This marks a shift towards a more facilitative regulatory framework while retaining strict action for serious violations affecting public health and safety,” said the ministry.

For example, in the Drugs and Cosmetics Act, 1940, several provisions have been amended to substitute imprisonment with financial penalties and to introduce a structured adjudication mechanism.

“Notably, an adjudication mechanism has been introduced for violations under Section 27A(ii) and Section 28A. This ensures that minor violations in the case of cosmetics (other than spurious or adulterated) will not require court intervention and can instead be addressed through a civil penalty framework,” the statement said.

Similarly, amendments to the Pharmacy Act, 1948 aim to modernise penalty provisions and enhance accountability through increased financial penalties for non-compliance. The reforms also ensure alignment with updated legal frameworks.

Under the Food Safety and Standards Act, 2006, provisions have been streamlined to strengthen enforcement while ensuring that penalties are proportionate to the nature of the offence. This supports a balanced approach between regulatory oversight and ease of compliance.

The Clinical Establishments (Registration and Regulation) Act, 2010 has been updated to emphasize monetary penalties for non-compliance, particularly in cases where deficiencies do not pose immediate risks to patient safety. This encourages corrective action without resorting to criminal proceedings.

“Further, the National Commission for Allied and Healthcare Professions Act, 2021 has been strengthened to ensure compliance with professional standards and regulatory requirements, with penalties designed to deter violations while maintaining proportionality,” the ministry added.

As per the provisions of the Bill, 784 provisions across 79 Central Acts administered by 23 Ministries have been amended. Of these, 717 provisions have been decriminalized to promote Ease of Doing Business, while 67 provisions have been amended to facilitate Ease of Living.

–IANS

na/

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