Critical Review of Offences Under Legal Metrology Act 2009: With Special Reference to Proposed Decriminalisation of the Offences

Government of India, Department of Consumer Affairs through its Legal Metrology Division has floated a Stakeholder consultation on proposal for decriminalization of offence under Legal Metrology Act, 2009 (Act) and proposed to levy fines instead of imprisonment on the premises that Mens rea (malafid...

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Bibliographic Details
Published in:MĀPAN : journal of Metrology Society of India 2021-12, Vol.36 (4), p.903-907
Main Authors: Srikkanth, G. R., Kumar, K. I. Pavan
Format: Article
Language:English
Subjects:
Crime
Criminal intent
Decriminalization
Fraud
Mathematical and Computational Physics
Mathematical Methods in Physics
Measurement Science and Instrumentation
Metrology
Negligence
Numerical and Computational Physics
Original Paper
Physics
Physics and Astronomy
Simulation
Strict liability
Theoretical
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Summary:Government of India, Department of Consumer Affairs through its Legal Metrology Division has floated a Stakeholder consultation on proposal for decriminalization of offence under Legal Metrology Act, 2009 (Act) and proposed to levy fines instead of imprisonment on the premises that Mens rea (malafide/criminal intent) is critical to evaluate the nature of non-compliance, i.e. fraud as compared to negligence or inadvertent omission (Govt of India, Ministry of Consumer Affairs, LM I-9/12/2020-W&M). This paper is an attempt to analyse the proposed decriminalization of the offences in the light of legal jurisprudence especially with reference to Strict Liability and Food Safety Standards Act 2006 with further reference to offence by Corporates.
ISSN:0970-3950
0974-9853
DOI:10.1007/s12647-021-00491-9