Section 44 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 44 is the harshest penalty provision in the Act for private persons. It punishes counterfeiting or misusing the seals and stamps that show a weight or measure has been verified. Every limb carries imprisonment with a minimum of six months; none carries a fine or an option of a fine instead. Neither the 2023 nor the 2026 Jan Vishwas Act amends it.
Counterfeiting, selling or possessing a counterfeit seal, counterfeiting, removing or tampering with a stamp, moving a removed stamp to another instrument, obtaining a seal unlawfully and using it, misusing a seal in your lawful possession, and selling a weight or measure bearing a counterfeit stamp are all punishable with imprisonment of not less than six months and up to one year; for the second or subsequent offence, not less than six months and up to five years. No fine is provided. The offence is not compoundable and not amended by either Jan Vishwas Act.
Seal and stamp: the two words
Section 2 defines both:
- A "stamp" (section 2(t)) is a mark made on a weight or measure by impressing, casting, engraving, etching, branding, affixing a pre-stressed paper seal or any other process, to certify that it conforms to the standard.
- A "seal" (section 2(s)) is "a device or process by which a stamp is made", and includes any wire or other accessory used for ensuring the integrity of any stamp.
In short, the seal is the tool; the stamp is the mark. Section 44 protects both. The verification process that produces the stamp is in section 24. If a stamp or seal issue has come up in an inspection, legal dispute resolution advice at the start is worth having.
The limbs of section 44
| Sub-section | Conduct |
|---|---|
| 44(1)(i) | Counterfeits any seal specified by or under the Act or rules |
| 44(1)(ii) | Sells or otherwise disposes of any counterfeit seal |
| 44(1)(iii) | Possesses any counterfeit seal |
| 44(1)(iv) | Counterfeits, removes or tampers with any stamp specified by or under the Act or rules |
| 44(1)(v) | Affixes a stamp so removed on, or inserts it into, any other weight or measure |
| 44(2) | Obtains by unlawful means any seal and uses, or causes it to be used, to make a stamp on any weight or measure, to represent that it is authorised |
| 44(3) | Being in lawful possession of a seal, uses it, or causes it to be used, without lawful authority |
| 44(4) | Sells, offers or exposes for sale, or otherwise disposes of any weight or measure which he knows or has reason to believe bears a counterfeit stamp |
The Explanation to sub-section (1) says "counterfeit" has the meaning in section 28 of the Indian Penal Code (45 of 1860). From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023. The Act itself, as enacted, refers only to the IPC section; we do not give a substitute section number because the sources do not.
Who can commit it
- Sub-section (1) says "whoever", so any person: a manufacturer, dealer, repairer or stranger.
- Sub-section (3) is aimed at a person in lawful possession of a seal, such as a licensed officer or authorised person, who uses it "without any lawful authority for such use". It can reach an insider who misuses official equipment.
- Sub-section (4) is the one that catches an honest-looking seller: a dealer who sells a scale bearing a fake stamp is liable if he "knows or has reason to believe" the stamp is counterfeit. A dealer buying second-hand scales should check the stamps before passing them on.
- Note the mental element: sub-section (4) is explicit about knowledge or reason to believe. Sub-sections (1) to (3) do not use those words; counterfeiting, in any case, suggests intent. Whether knowledge must still be shown for each limb is a point for the court.
Punishment
Every sub-section ends with the same words: imprisonment "for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years".
| Offence | Punishment |
|---|---|
| First | Imprisonment not less than 6 months, up to 1 year |
| Second or subsequent | Imprisonment not less than 6 months, up to 5 years |
| Fine | Not provided in section 44 |
The floor of six months applies to both, so a court cannot impose a shorter sentence on conviction. Because section 48(6) says no offence may be compounded except as that section allows, and section 44 is not in the list, there is no compounding of a section 44 offence. Section 50(1) does not list section 44 either.
The three layers
| Layer | Status for section 44 |
|---|---|
| 1. As enacted in 2010 | Imprisonment not less than six months up to one year; repeat, not less than six months 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) | Not amended. The item does not list section 44 (it lists 25 to 32, 34 to 41, 45 to 48) |
So the 2010 text is the text today, and it stays the text after the 2026 Act is notified, unless some other amendment intervenes. The 2026 Act's new section 15(7) speaks of suspension or revocation of registration or approval for failing to obey an improvement notice; it does not displace the imprisonment in section 44.
Practical guidance
- Check stamps when buying or selling used instruments. A seller without knowledge is outside sub-section (4), but "reason to believe" can be made out from obvious signs, such as a worn or irregular stamp.
- Keep seals secure. A person in lawful possession of a seal risks sub-section (3) if it is used without authority, including by staff.
- Never move a stamp. Sub-section (1)(v) covers transferring a removed stamp to another instrument, which is different from re-verification after repair.
- If an instrument is repaired or altered, have it re-verified rather than tampering with the existing mark. Re-verification is part of the verification process in section 2(v).
- For a company, section 49 decides which individuals are answerable.
Example 1. A workshop owner has a copy of a verification seal made and stamps new scales with it. Section 44(1)(i) (counterfeits a seal) and 44(1)(iv) (counterfeits a stamp) apply. On a first conviction the minimum is six months' imprisonment.
Example 2. A trader buys a used scale and, noticing the stamp looks smudged and irregular, still sells it on as verified. A court may find that he had reason to believe the stamp was counterfeit, which brings in section 44(4).
Need help with a stamp or seal case?
Allegations under section 44 carry a minimum prison term, so the first steps matter: preserve the instrument, the purchase papers and any earlier verification certificates, and do not alter anything. Our legal dispute resolution team can review the allegation and the papers with you. Bring the notice or FIR and all records of the instrument.
Key takeaways
- Section 44 punishes counterfeiting, selling or possessing a counterfeit seal, tampering with or moving a stamp, misusing a seal and selling a weight with a counterfeit stamp.
- Imprisonment not less than six months up to one year; for a repeat offence, not less than six months up to five years; no fine is provided.
- It is not compoundable and not amended by either Jan Vishwas Act.
- Sub-section (4) applies where the seller knows or has reason to believe the stamp is counterfeit.
- "Counterfeit" takes its meaning from the IPC as written in the Act; the IPC has since been replaced by the BNS.
Read next
- Section 24 of the Legal Metrology Act, 2009: Verification, stamping and test centres
- Sections 42 and 43 of the Legal Metrology Act, 2009: Vexatious search and wilful wrong verification
- Sections 45, 46 and 47 of the Legal Metrology Act, 2009: Penalty for unlicensed manufacture, repair and tampering with licence
- Verification and Stamping of Weights and Measures
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) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies); section 44 is not amended by either Act, as on 30 September 2026. The Act cites the Indian Penal Code as written; it has been replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.