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Section 27 of the Legal Metrology Act, 2009: Penalty for manufacture or sale of non-standard weights or measures

Anyone who manufactures, causes to be manufactured, sells, or offers, exposes or possesses for sale a weight or measure that does not conform to the standards, or that bears a...

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Legal Metrology
Published
September 30, 2026
Last updated
Oct 3, 2026
Reading time
8 min
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Last updated: October 2026Verified against: Government sources

Section 27 punishes the supply side of non-standard weights and measures: those who make them, cause them to be made, sell them, or hold them for sale. It has been rewritten by the Jan Vishwas (Amendment of Provisions) Act, 2023, which removed the prison term, and the Jan Vishwas (Amendment of Provisions) Act, 2026 would replace the first-offence fine with an improvement notice once notified.

The offence

Section 27 covers "every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which,—

ClauseCondition
(a)does not conform to the standards of weight or measure specified by or under this Act; or
(b)bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act"

It then adds the exception: "except where he is permitted to do so under this Act".

Points to read carefully:

  • The act is on the supply side. Manufacturing, causing manufacture, selling, offering, exposing and possessing for sale are all caught. A retailer stocking non-conforming weights for sale falls within "possesses for sale" even though he did not make them.
  • Two separate tests. Clause (a) is about the instrument itself not meeting the prescribed standards (see sections 7 and 8). Clause (b) is about the inscription: a weight or measure marked in a unit, or with a number, that the Act does not recognise (see sections 4, 5 and 6 on units and numeration).
  • The permitted exceptions. The Act permits some non-standard weights and measures. For example, the General Rules (rules 16 to 18 and 21) provide for non-standard weights and measures made exclusively for export or for scientific research with the Central Government's permission. If the exception applies, section 27 does not.
  • Use versus supply. The person who uses a non-standard weight or measure is dealt with by section 25. Section 27 is for the manufacturer, dealer and seller.

"Weight or measure" includes a weighing or measuring instrument (section 2(w)), and "sale" is defined in section 2(r).

If you manufacture or sell weights, measures or instruments and want your product line checked against this section, legal dispute resolution support is available after a notice, and a check before a consignment goes out is cheaper still.

Three layers of the penalty

LayerText
1. As enacted in 2010Fine up to Rs 20,000; for the second or subsequent offence, imprisonment up to three years, or fine, or both
2. After the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force)Fine up to Rs 1 lakh; for the second offence, fine up to Rs 2 lakh; for the third and subsequent offence, fine up to Rs 4 lakh
3. Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; check the notification)The person "shall be warned with an improvement notice"; for the second offence "liable to penalty which may extend to one lakh rupees"; for the subsequent offences the fine "shall be not less than two lakh rupees but may extend to four lakh rupees"

What the 2023 Act did: it substituted the words after "shall be punished with a fine which may extend to" (the long line), replacing "twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both" with the new three-step fine. On the text, the imprisonment limb in section 27 is gone and all three steps are fines.

What the 2026 Act would do: replace the words "shall be punished with a fine which may extend to one lakh rupees and for the second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to four lakh rupees" with the improvement-notice wording above. A first offence would be met by a warning through an improvement notice issued under the new section 15(6), which would state the grounds, the non-compliance and the measures to be taken within a reasonable period. See our article on section 15. Failure to comply with the notice can lead to suspension or revocation of registration or approval under the new section 15(7), after a hearing. None of this applies until it is notified.

A note on the 2026 wording: the second-offence step says "penalty", not "fine", and the later steps say "fine" with a floor of Rs 2 lakh and a cap of Rs 4 lakh. We quote it as printed.

What happens to the goods

Non-standard weights and measures seized under section 15 are liable to forfeiture to the State Government under section 16(1). Seizure and forfeiture are in addition to the penalty. See section 16.

Compounding

Section 27 is compoundable. Under section 48(1) offences under sections 27 to 39 may be compounded before or after prosecution on payment of a prescribed sum. The Director (or an officer specially authorised by him) may compound offences under sections 27 to 39 (section 48(2)); the Controller (or an officer specially authorised by him) may compound offences under sections 27 to 31 and 33 to 37 (section 48(3)). The sum cannot exceed the maximum fine for the offence, and repeat offenders within three years of a compounded offence cannot use compounding again (section 48(4)). See our articles on compounding of offences and the practical guide to how to apply for compounding.

How the related sections differ

SectionWhoConduct
25UserUses or keeps for use a non-standard weight or measure, or numeration
26AnyoneTampers with or alters a standard, weight or measure to deceive
27Manufacturer, dealer, sellerManufactures or sells non-standard weight or measure
33Seller or userUnverified weight or measure

The IPC and the old Criminal Procedure Code are displaced for weights-and-measures offences by section 51; the Act's own wording cites them as enacted, and they have since been replaced by the BNS and BNSS.

Example 1. A workshop casts iron weights and stamps them with an old local unit. Both clause (a) and clause (b) may apply; the penalty is that of section 27.

Example 2. A wholesaler keeps a carton of non-conforming beam weights in his godown for sale. He "possesses for sale" under section 27, and the carton can be seized under section 15 and forfeited under section 16.

Need help after a notice?

If an officer has seized stock or served a notice citing section 27, the first step is to identify which clause is alleged, which layer of the penalty applies to the date of the offence, and whether compounding is open. Our legal dispute resolution team can go through the papers with you. Please bring the seizure list, the notice and any earlier compounding receipt.

Key takeaways

  • Section 27 punishes making, causing to be made, selling, offering, exposing or possessing for sale a non-standard weight or measure or one with a non-conforming inscription.
  • As amended by the Jan Vishwas (Amendment of Provisions) Act, 2023: fines of up to Rs 1 lakh, Rs 2 lakh and Rs 4 lakh for the first, second and later offences; the prison term has gone.
  • The 2026 Act would begin with an improvement notice; it applies only from the notified date.
  • Goods can be seized and forfeited, and the offence is compoundable under section 48.
  • Permitted non-standard items (for example, for export under permission) are outside the section.

Read next

Disclaimer: Based on the Legal Metrology Act, 2009 (Act 1 of 2010) as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force; Schedule item 40) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; its change to section 27 applies only from the date the Central Government notifies), as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Section 27

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is imprisonment still possible under section 27?

Not on the text as amended by the 2023 Act: the penalty is now fine only.

Does section 27 apply to a shopkeeper who stocks the goods?

Yes, if he "offers, exposes or possesses for sale" a non-conforming weight or measure.

Hygiene and storage conditions are inspected as they are, not as they are described.

— TaxClue Product Compliance Desk

Section 27: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Not on the text as amended by the 2023 Act: the penalty is now fine only.

Yes, if he "offers, exposes or possesses for sale" a non-conforming weight or measure.

It would replace the first-offence fine with an improvement notice, but only from the date the Central Government notifies.

The Director and the Controller, or officers they specially authorise, under section 48(2) and (3).

Section 25 is about using or keeping for use; section 27 is about manufacturing or selling.

The one in force at the date of the offence; check the notification for the 2026 Act.