Sections 38 and 39 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 38 punishes importing any weight or measure without being registered under the Act. Section 39 punishes importing a non-standard weight or measure. Both are about instruments (weights and measures), not about packaged goods, which are dealt with in section 36 and the Packaged Commodities Rules. Neither section is amended by the 2023 Jan Vishwas Act; the 2026 Jan Vishwas Act, once notified, recasts both.
Section 38: importing a weight or measure without registration is punishable with a fine up to Rs 25,000; for a second or subsequent offence, imprisonment up to six months, or fine, or both. Section 39: importing a non-standard weight or measure is punishable with a fine up to Rs 50,000; for a second or subsequent offence, imprisonment up to one year and also fine. The 2023 Act does not amend either. The 2026 Act, in force only from the date notified, replaces the imprisonment with an improvement notice for the first offence and fines of not less than Rs 2 lakh up to Rs 5 lakh for later ones. Only the Director, not the Controller, can compound these offences.
The duties behind the penalties
Two prohibitions sit in Chapter III:
- Section 19: no person shall import any weight or measure unless registered with the Director, in the prescribed manner and on payment of the prescribed fees.
- Section 20: no weight or measure, "whether singly or as a part or component of any machine", shall be imported unless it conforms to the standards established by or under the Act.
Our article on sections 19 and 20 explains these duties. Sections 38 and 39 are their penalties. If you import instruments and are unsure whether registration is needed, see our page on importer registration before shipments land, and our guide on how to register as an importer.
Section 38: import without registration
The text: "Whoever imports any weight or measure without being registered under this Act shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both."
The offence is complete when the import happens without registration. The section does not require any intent. It says "whoever imports", so the importer of record is the natural target; who counts as the importer for a given shipment is a question of fact that the section does not answer.
Section 39: import of a non-standard weight or measure
The text: "Whoever imports any non-standard weight or measure shall be punished with fine, which may extend to fifty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine."
Registration does not cure a section 39 offence. A registered importer who brings in a non-conforming instrument, including one that is part of a machine, is within section 39. The reverse also holds: an unregistered importer bringing in only conforming instruments is within section 38 but not section 39. One shipment can breach both.
The three layers
| Layer | Section 38 | Section 39 |
|---|---|---|
| 1. As enacted in 2010 | Fine up to Rs 25,000; second or subsequent offence: imprisonment up to 6 months, or fine, or both | Fine up to Rs 50,000; second or subsequent offence: imprisonment up to 1 year and also fine |
| 2. Jan Vishwas Act, 2023 (in force; item 40) | Not amended | Not amended |
| 3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date notified; item 66(P) and (Q)) | "Shall be warned with an improvement notice"; second offence: liable to penalty up to Rs 25,000; subsequent offences: fine not less than Rs 2 lakh but up to Rs 5 lakh | "Shall be warned with an improvement notice"; second offence: liable to penalty up to Rs 50,000; subsequent offences: fine not less than Rs 2 lakh but up to Rs 5 lakh |
Reading the 2026 text, three things change: the first offence becomes a warning by improvement notice; imprisonment disappears; and the third and later offences carry a floor of Rs 2 lakh. Note that the amending text does not spell out a "third" offence: it says "second offence" and then "subsequent offences". The improvement notice itself is the new section 15(6): the officer states the grounds, the matters that constitute the failure, the measures required, and a reasonable period. If the person fails to comply with the notice, section 15(7) says registration or approval "shall be suspended or revoked", after an opportunity of being heard, with reasons recorded in writing. For an importer who was never registered, the amending text does not say what would be suspended; wait for the notification and rules.
Until the Central Government notifies the 2026 provisions, the 2010 text stands for both sections.
Compounding and appeals
- Section 48(1) covers "sections 27 to 39" and section 48(2) lets the Director (or a specially authorised legal metrology officer) compound them.
- Section 48(3), the Controller's list, reads "sections 27 to 31, sections 33 to 37" and so excludes 38 and 39. A State Controller cannot compound an import offence on the text.
- The sum cannot exceed the maximum fine (section 48(3) proviso). The rule 32A table (Packaged Commodities Rules, as amended up to March 2022) does not list sections 38 or 39.
- Section 50(1)(a) and (b) give an appeal from decisions under "sections 27 to 39" to the Director, and from the Director to the Central Government (or an authorised officer). The State-side clauses (d) and (e) stop at section 37. The period is 60 days, extendable by up to 60 more (section 50(2)).
See section 48 and section 50.
Packaged goods are a different section
Imported pre-packaged commodities that breach the declaration rules are dealt with by section 36 (see section 36), which expressly uses the word "imports". The Packaged Commodities Rules have their own chapter on registration of manufacturers, packers and importers (rules 27 to 30). Sections 38 and 39 concern weights and measures as instruments.
Who is exposed
| Person | Section | When |
|---|---|---|
| Trader importing scales, weights or measuring tapes without registration | 38 | Import without a registration under section 19 |
| Registered importer of a machine with a built-in weighing part that is non-conforming | 39 | Import of a non-standard weight or measure, including as a component |
| Importer who is both unregistered and brings non-conforming goods | 38 and 39 | The section text does not stop both applying |
Example 1. A trading firm imports a batch of digital kitchen scales for resale without any registration with the Director. Section 38 applies. On a first offence today the fine is up to Rs 25,000. If the 2026 provisions are notified, the first offence would be met by an improvement notice.
Example 2. A registered importer brings in weighing modules that do not conform to the standards established under the Act. Section 39 applies even though registration is in place. On a second offence, today's text allows imprisonment up to one year and also fine.
Need help with an import issue?
Planning imports of scales, weights or measuring instruments, or facing a notice for one? Our importer registration team can help check what registration is needed and in what order. Keep the import documents, any approval of model papers and the notice ready.
Key takeaways
- Section 38: import without registration, fine up to Rs 25,000; repeat offence, imprisonment up to six months or fine or both.
- Section 39: import of a non-standard weight or measure, fine up to Rs 50,000; repeat offence, imprisonment up to one year and also fine.
- Neither is amended by the 2023 Act; the 2026 Act replaces the first-offence fine with an improvement notice once notified.
- Only the Director can compound these offences; the Controller's list stops at section 37.
- Packaged goods imports fall under section 36 and the Packaged Commodities Rules.
Read next
- Sections 19 and 20 of the Legal Metrology Act, 2009: Importer registration and non-standard imports
- Section 37 of the Legal Metrology Act, 2009: Penalty for contravention by a Government approved Test Centre
- Section 40 of the Legal Metrology Act, 2009: Penalty for obstructing officers
- Importer Registration Under Legal Metrology
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; it does not amend sections 38 and 39) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force 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.