Section 41 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 41 has two limbs. Sub-section (1) punishes giving false information to the Director, the Controller or a legal metrology officer. Sub-section (2) punishes a false return, record or register. It is the only section in this stretch of Chapter V that the Jan Vishwas Act, 2023 touched indirectly, by adding it to the compounding provisions in section 48. The Jan Vishwas Act, 2026 rewrites its penalties, once notified.
Section 41(1): giving information the officer asks for in the course of duty, which you know or have reason to believe is false: fine up to Rs 5,000; second or subsequent offence, imprisonment up to six months and also fine. Section 41(2): submitting a required return, or maintaining a required record or register, that is false in material particulars: fine up to Rs 5,000; second or subsequent offence, imprisonment up to one year and also fine. Since the 2023 Act, section 41 can be compounded by the Director or the Controller. The 2026 Act (in force only when notified) replaces the first-offence fine with an improvement notice.
Sub-section (1): false information
The text: "Whoever gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false".
- Who is protected: the Director, the Controller and any legal metrology officer.
- What triggers it: information the officer "may require or ask for in the course of his duty". It is tied to the officer's duty, not to any casual conversation.
- Mental element: the person knows, or has reason to believe, the information is false. An honest mistake does not fit the words. "Has reason to believe" is wider than actual knowledge and reaches someone who had obvious grounds for doubt.
- Penalty: fine up to Rs 5,000; for a second or subsequent offence, imprisonment up to six months and also fine.
Sub-section (2): false return, record or register
The text: "Whoever, being required by or under this Act so to do, submits a return or maintains any record or register which is false in material particulars".
- The duty must be one "required by or under this Act". The Act's own record-keeping duty is in section 17, which lets State rules prescribe the registers and records (section 53(2)(b)). The registers themselves are in State rules; the sources we use do not reproduce them.
- The test is "false in material particulars", not any error. A trivial slip is not the target; a false entry that matters is. The Act does not define "material".
- Sub-section (2) has no knowledge requirement in its words, unlike sub-section (1). Whether intent or knowledge must still be shown is for the court; do not assume either way.
- Penalty: fine up to Rs 5,000; for a second or subsequent offence, imprisonment up to one year and also fine.
If an officer has cited section 41 against your registers, legal dispute resolution advice before you reply is worth having.
The three layers
| Layer | Section 41(1) | Section 41(2) |
|---|---|---|
| 1. As enacted in 2010 | Fine up to Rs 5,000; second or subsequent: imprisonment up to 6 months and also fine | Fine up to Rs 5,000; second or subsequent: imprisonment up to 1 year and also fine |
| 2. Jan Vishwas Act, 2023 (in force; item 40(H)) | Penalty wording not amended. Section 41 is added to the compounding provisions, section 48(1), (2) and (3) | Same |
| 3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; item 66(S)) | "Shall be warned with an improvement notice"; second offence: liable to penalty up to Rs 5,000; subsequent offences: fine not less than Rs 2 lakh but up to Rs 5 lakh | Same wording as sub-section (1) |
Source note. The 2026 text as printed takes the penalty from a figure of Rs 5,000 for the second offence to a floor of Rs 2 lakh for subsequent offences, in both sub-sections. That jump is what the printed text says; it is not an evident misprint, so we report it as written. Check the gazette and the notification before relying on it.
Two more 2026 points. First, the improvement notice under the new section 15(6) must state the grounds, the matters constituting the failure, the measures required and a reasonable period. Second, the new section 15(7) speaks of suspension or revocation of "registration or approval" if the notice is not complied with, after a hearing and with written reasons. How that would operate for a person without any registration is not stated in the amending text.
Compounding
Before 2023, section 41 was not on the compounding list, so an offender had to face trial. Item 40(H) of the 2023 Act inserted "section 41" in section 48(1) and (2) and, in section 48(3), after "sections 33 to 37,". Result:
| Who | Can compound section 41? |
|---|---|
| Director, or officer specially authorised by him (section 48(2)) | Yes |
| Controller, or officer specially authorised by him (section 48(3)) | Yes |
The compounding sum cannot exceed the maximum fine for the offence (proviso to section 48(3)). The rule 32A table in the Packaged Commodities Rules (as amended up to March 2022) does not list section 41, so the sum comes from whatever rules are in force. See compounding of offences and our article on section 48. Under the 2026 text the compounding section is replaced; check it once notified.
Section 50(1)(a) and (b) already listed section 41 when the Act was enacted, so decisions under it by a central officer can be appealed to the Director, and from the Director to the Central Government or an authorised officer. The State-side clauses (d) and (e) do not list section 41. See section 50.
Where false information typically arises
| Situation | Limb |
|---|---|
| Answering an officer's questions about the source of packages or the manufacturer's name, knowing the answer is untrue | 41(1) |
| Backdating or inventing entries in the register of weights and measures or sales | 41(2) |
| Filing a return required by the rules with figures you know to be wrong | 41(2) |
| An accidental arithmetic slip corrected on discovery | Not material on its face, but depends on the facts |
Example 1. During an inspection, a wholesaler says that a consignment of packages came from a named manufacturer, when he knows it came from elsewhere. Section 41(1) is engaged. A first offence carries a fine up to Rs 5,000 under the 2010 text; a later one can carry imprisonment up to six months and also fine.
Example 2. A dealer's required stock register shows a verification that never took place. That is a false record "in material particulars", so section 41(2) is engaged, and compounding is open after the 2023 amendment.
Need help with a notice under section 41?
If an officer has alleged false statements or false registers, compare the register entries with the underlying records before any reply goes out. Our legal dispute resolution team can help organise that and consider compounding. Bring the notice, the registers concerned and supporting bills.
Key takeaways
- Section 41(1) covers false information given to the Director, Controller or a legal metrology officer; 41(2) covers false returns, records and registers.
- Fine up to Rs 5,000 for the first offence; repeat offences can attract imprisonment (six months for sub-section (1), one year for sub-section (2)) and also fine.
- The 2023 Act added section 41 to the compounding provisions; it did not change the penalty.
- The 2026 Act, only when notified, replaces the first-offence fine with an improvement notice and sets a floor of Rs 2 lakh for subsequent offences, as printed.
- Keep accurate registers; the register formats come from State rules.
Read next
- Section 17 of the Legal Metrology Act, 2009: Records and registers
- Section 31 of the Legal Metrology Act, 2009: Penalty for non-production of documents
- Section 40 of the Legal Metrology Act, 2009: Penalty for obstructing officers
- Section 48 of the Legal Metrology Act, 2009: Compounding of offences
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 amends section 48 to add section 41) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies), and the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022), as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.