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Flat Fine Fallacy: How Jan Vishwas Betrays Equality It Promised
['Mohammad Anas Khan']
Supreme Court - High Court - Legal Breaking News | Live Law India
Application of Flat FinesFlat fines are attractive for obvious reasons: cheap to administer, easy to predict, simple for an officer to apply on the spot.
A second offence draws a civil penalty, and a repeat offence draws a criminal fine.
Turnover is regularly used as a unit of measurement to determine application of various laws to different groups of legal entities.
Read together, these cases suggest a flat fine, which by design cannot be the least burdensome option for every offender it applies to, is vulnerable on functional grounds, not merely as rhetoric.
Moreover, a flat, predictable fine is far easier for a large company to treat as a routine cost of doing business than for a company with thin margins.