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IPC- Section 264

Offenses associated with Weight and Measure

The Legal Metrology Act, 2009 in India addresses the weight and measurement methods and units related to the necessary legal and technical compliances. The same is done to ensure public confidence from the perspective of security. Offences involving weight and measure are likewise subject to penalties under this act. Additionally, the following is a list of the primary goals for the Act's enforcement-

  • Establishing and enforcing weight and measure’s standards and norms,
  • Managing commerce and business involving weights, measures, and other items sold or distributed using weights, measures, or numbers, and
  • Managing any other related issues.

What are the main weight and measure offenses?

The following is a list of the main violations involving weight and measure-

  • Measuring instruments- It is forbidden to produce, import, or sell any measuring instruments that have not been properly verified, stamped, or confirmed, that have been tampered with or altered, that do not adhere to the rules, or that have not yet been registered.
  • Pre-Packaged goods- It is prohibited to pre-package, distribute, or sell products that are not accurately labelled, measured, or quantified, or that do not follow all applicable laws and regulations, including those governing packaging requirements.
  • Pricing issues- It is forbidden for anyone to alter the price that has been set or to disobey a rule that specifies a standard unit of measurement or numeration. As a result, no one is permitted to sell or distribute any goods for a price higher than the MRP (Maximum Retail Price).
  • Government compliance- Any contravention or violation by the Government-authorized Test Centres, such as the forging of seals, giving false information, obstructing the Controller's work, or omitting crucial information. Additionally, defying a director or legal metrology officer is illegal.
  • Offenses associated with Weight- Another crime Associated With Weight is the use of scales or other weights and measurements that are dirty or lack proper lighting. Additionally, hiding the verification certificate and tampering with, mending, or producing weights without a license are very significant types of offences.
  • Not storing in the right location- Anyone who fails to store test weight on the premises of the weighing apparatus is breaking the law in regard to weight. Additionally, any gasoline retail business without a 5-10 litre capacity measure has broken the law.
  • Dismantling is not allowed: If the Controller of Legal Metrology is not notified, the dismantling or quashing of any measuring or weighing instruments that have been officially stamped and validated is regarded as a weight-related infraction.

What is the proper way to file a complaint for offenses involving weight and measurement?

The process of submitting a complaint for offences involving weight or measure involves the procedures outlined below. If the complainant submits a complaint to the Nodal Agencies alleging violations of weights and measures-

  • The Nodal Agencies or the Apex Institutions must receive the complainant's complaint first.
  • When a complaint or grievance is received, the responsible Nodal Agency will either address the issue internally or forward the complaint to the Department of Administrative Reforms and Public Grievance.
  • When the department receives the complaint, the Director of Public Grievance will begin his investigation.
  • The Director of Public Grievance will create an Assessment Report following the conclusion of the investigation to provide his thoughts.
  • The item will be forwarded to the attached office if the Director of Public Grievance believes that it pertains to the Department of Administrative Reforms and Public Grievance.
  • After that, the sub-organization or associated office will create an action report and submit it to the department, in this case, the Department of Administrative Reforms and Public Grievance.
  • The department will next send the action report to the appropriate Nodal Agency as the final step.
  • However, the method for grievance redressal will stay the same if the complainant submits their complaint directly to the Department of Administrative Reforms and Public Grievance. Additionally, the same will begin at point c) above.

Can an appeal be filed for crimes involving weight and measurement?

It is possible to appeal a legal officer, director, or controller's order or judgment made under the Legal Metrology Act in cases involving weight-related violations. The same must be submitted to the subsequent higher authority within sixty days of the date the decision or order was made.

Do the Legal Metrology Act cover the weight-related offenses mentioned under the IPC?

The Legal Metrology Act does not apply to the weight-related offenses listed in the Indian Penal Code. In the case of "State of Uttar Pradesh v. Aman Mittal," the Hon'ble Supreme Court made clear that this was the case. The Legal Metrology Act, 2009, according to the Supreme Court, is only applicable to crimes involving the use of non-standard weights and measures. Additionally, it covers any offense involving tampering, altering, or changing any working standards or secondary standards of any weight or measure. Additionally, this Act does not anticipate any charges related to deception, as defined in Section 415 of the Indian Penal Code, or those included in Sections 467, 468, or 471 of the Indian Penal Code. As a result, a person will not be prosecuted for any weight-related or measurement-related offenses that come within Chapter XIII of the Indian Penal Code due to the requirements outlined in the Legal Metrology Act of 2009.

What penalties are set forth by the Legal Metrology Act?

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