Section 40 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 40 makes it an offence to obstruct the Director, the Controller or a legal metrology officer in the exercise of powers, or to obstruct their entry into premises for inspection. It is one of the few sections in Chapter V that carries imprisonment only, with no fine and no option to pay a fine instead. The Jan Vishwas Act, 2026 rewrites the penalty wording, but the amending text as printed is defective, and the section is not yet changed unless that Act is notified.
Whoever obstructs the Director, the Controller or any legal metrology officer, or obstructs their entry into premises for inspection and verification, is punishable with imprisonment up to two years, and for a second or subsequent offence, imprisonment up to five years. There is no fine in the section. The 2023 Jan Vishwas Act does not amend it. The 2026 Act would replace the imprisonment wording with a reference to the Bharatiya Nyaya Sanhita, 2023, once notified. Section 40 is not on the compounding list in section 48.
Two kinds of obstruction
The section has two limbs, joined by "or".
Limb 1: obstruction with intent. Whoever obstructs an officer "with intent to prevent or deter" the officer from exercising powers or discharging functions, or "in consequence of anything done or attempted to be done" by the officer in the lawful exercise of powers. This limb has a mental element (intent) or a retaliatory element (in consequence of a lawful act).
Limb 2: obstructing entry. Whoever "obstructs the entry" of the Director, the Controller or any legal metrology officer "into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose". The words "or for any other purpose" are wide. The second limb does not, in terms, require the intent mentioned in the first, though it does speak of "obstructs the entry".
The powers being protected are those in section 15 (inspection, search and seizure), and the officers are those under section 13 and section 14 (the Director and Central officers; the Controller and State officers). Our article on legal metrology officers' powers of inspection gives the practical picture. If an officer has already alleged obstruction, take legal dispute resolution advice before responding in writing.
What section 40 does not say
- It does not define "obstructs". Whether a refusal, a delay, a locked door or an argument amounts to obstruction is a question of fact.
- It does not say what a trader must do when an officer arrives; those duties and powers are in section 15 and, for records, section 17.
- It protects only acts done in lawful exercise of the officer's powers (limb 1). An officer acting without reasonable grounds may himself fall under section 42 (vexatious search); see our article on sections 42 and 43.
- It does not name the court or the authority who may prosecute. Read section 40 with the rules of your State and the complaint procedure; see our note on who can file a complaint.
The penalty and what makes it serious
| Offence | Punishment under section 40 |
|---|---|
| First | Imprisonment up to two years |
| Second or subsequent | Imprisonment up to five years |
There is no fine in the text. Compare the other sections: the ordinary weights-and-measures offences are mainly fines, with imprisonment for repeat offences (for example section 33). Obstruction is treated as a more serious wrong because it defeats enforcement itself.
Because section 40 is not among the sections listed in section 48 ("section 25, sections 27 to 39, section 41, sections 45 to 47" after the 2023 Act), it cannot be compounded: section 48(6) says no offence under the Act may be compounded except as that section provides. Section 50(1) does not list section 40 either, so the appeal route in that section is not the route for a section 40 conviction on its terms.
The Acts and Rules cite the Indian Penal Code and the Code of Criminal Procedure, 1973 as written; from 1 July 2024 those Codes were replaced by the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 51 of the Act keeps the IPC and section 153 of the CrPC out of offences punishable under the Act; see section 51.
The three layers
| Layer | Status for section 40 |
|---|---|
| 1. As enacted in 2010 | Imprisonment up to two years; second or subsequent offence, up to five years |
| 2. Jan Vishwas Act, 2023 (in force; item 40) | Not amended. The item lists sections 25, 27, 28, 29, 31, 34, 35 and 48 |
| 3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; item 66(R)) | Substitutes the words "with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years" by the words "in accordance with the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)" |
Source problem. The 2026 amending clause is printed as: the words "in accordance with the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) shall be substituted." The opening quotation mark before "in accordance" is missing and the closing quotation mark is misplaced after "shall be substituted". The structure still makes the intended substituted words clear, but the printed text does not say which BNS provision applies or what punishment follows. So we cannot say from the source what the penalty for obstruction would be after the change. Do not assume that the two-year and five-year limits survive, and do not assume they fall away. Check the notified, corrected text. The 2026 Act is not in force until notified, so the 2010 wording governs today.
Practical points for traders and companies
- Give access, record it, and raise objections in writing. Section 40 punishes obstruction, not a polite request to see the authority card or the written order. Record the officer's name, the time and what was asked for.
- Brief gate staff and shop staff. The offence can be committed by anyone on the premises, not only the owner. For a company, section 49 decides who is answerable.
- Do not destroy or move records after an inspection begins; that can also raise false-record questions under section 41.
Example 1. An officer arrives at a packing unit to check net contents. The manager locks the gate and tells the officer to come back next week. On the text, the entry has been obstructed, and a first offence carries imprisonment up to two years.
Example 2. A retailer, after a seizure, threatens an officer to make him drop the matter. That falls in the first limb ("in consequence of anything done") if the officer was acting lawfully. A repeat conviction carries up to five years.
Need help after an inspection dispute?
If an officer has recorded obstruction, or you are unsure how to deal with an inspection at your premises, it is better to plan the response before anything is signed. Our legal dispute resolution team can go through the inspection record, the notice and the options with you. Bring the notice, any panchnama or seizure list and CCTV or visitor records.
Key takeaways
- Section 40 punishes obstructing the Director, Controller or a legal metrology officer, including obstructing entry into premises.
- First offence: imprisonment up to two years; second or subsequent: up to five years; no fine in the text.
- The 2023 Act does not amend it; the 2026 Act's change is printed defectively and is not in force until notified.
- Section 40 is not compoundable under section 48.
- Keep records, give access, and object in writing rather than by blocking.
Read next
- Section 15 of the Legal Metrology Act, 2009: Inspection, search and seizure
- Section 41 of the Legal Metrology Act, 2009: Penalty for false information or return
- Sections 42 and 43 of the Legal Metrology Act, 2009: Vexatious search and wilful wrong verification
- Legal Metrology Officers -- Powers of Inspection
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 section 40) 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.