Section 51 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 51 is a single sentence with a narrow purpose. It says that the Indian Penal Code and section 153 of the Code of Criminal Procedure, 1973, to the extent they deal with offences concerning weights and measures, do not apply to an offence punishable under the Legal Metrology Act. It keeps such offences inside the Act's own scheme, which matters when a notice and a criminal complaint overlap and legal dispute resolution advice is needed. Section 51 is not amended by the Jan Vishwas Acts of 2023 or 2026, but other provisions of the 2026 Act bring in the BNS and BNSS.
The Indian Penal Code and section 153 of the CrPC, "in so far as such provisions relate to offences with regard to weight or measure", do not apply to any offence punishable under the Legal Metrology Act. So the Act, read with its rules, governs weights-and-measures offences it covers. The section speaks only of the IPC and section 153 of the CrPC; it does not say the rest of the CrPC is excluded. From 1 July 2024 the IPC and the CrPC were replaced by the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023; the Act, as enacted, was not reworded.
The text
"The provisions of the Indian Penal Code (45 of 1860) and section 153 of the Code of Criminal Procedure, 1973 (2 of 1974) in so far as such provisions relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under this Act."
Four parts need separate attention.
| Part | What it means |
|---|---|
| "The provisions of the Indian Penal Code" | The IPC's provisions on offences with regard to weight or measure. The section does not list them |
| "section 153 of the Code of Criminal Procedure" | The CrPC section that, as we read it, dealt with inspection of weights and measures; the Act does not describe it, so check the Code |
| "in so far as such provisions relate to offences with regard to weight or measure" | The exclusion is limited to provisions of that subject. It is not a general exclusion of the IPC or the CrPC |
| "any offence which is punishable under this Act" | The exclusion applies to offences the Act itself punishes |
What section 51 does, and does not, do
It does:
- Prevent a person from being charged under the IPC for a weights-and-measures offence that the Act already punishes. The offence is tried and punished under the Act.
- Take the police-inspection provision in section 153 of the CrPC out of the field of offences under this Act, so that inspection and search under the Act proceed under section 15 by the officers named in the Act.
It does not:
- Exclude the whole CrPC. Only section 153 is named. Other provisions on procedure, such as trial, summons and sentencing, are not excluded by this section. The Act's own sections make particular provisions, such as compounding in section 48 and appeals in section 50.
- Exclude the IPC for offences the Act does not punish. The exclusion is for offences "punishable under this Act". Conduct that is also a different offence, for example fraud in some other form, is not covered by the words of section 51 merely because weights or measures were involved. How far that goes is for the court on the facts.
- Say anything about the BNS or the BNSS. The Act was enacted in 2010. The words "Indian Penal Code" and "Code of Criminal Procedure, 1973" stand as written.
If you face both an Act-based notice and a criminal complaint on the same facts, take legal dispute resolution advice before you reply to either.
The IPC and CrPC have been replaced
The Acts and Rules in our sources cite the Indian Penal Code and the Code of Criminal Procedure, 1973 as written. From 1 July 2024 these were replaced by the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 51 was not reworded in the text we have. We do not give replacement section numbers because the sources do not. The interplay between section 51 and the new Codes is the kind of point to confirm in the current text of the Act and the Codes (including the General Clauses Act position on references to repealed law) rather than assume.
The 2026 Act refers to the new Codes in two places in the Legal Metrology Act's own text:
- In section 40 (obstruction), the 2026 Act substitutes the two-year and five-year imprisonment wording with the words "in accordance with the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)". See section 40 for the defect in the printed amending clause.
- In the substituted section 48(7) and (8), non-compounded offences are to be tried by the Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), and unpaid fines recovered as provided in that Sanhita.
Both are in force only once the Central Government notifies the 2026 Act's commencement.
The three layers
| Layer | Section 51 |
|---|---|
| 1. As enacted in 2010 | The text above |
| 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) | Section 51 is not listed. The item lists sections 2(ea), 15, 23, 25 to 32, 34 to 41, 45 to 48, 50, 52 and 53. Sections 40 and 48 now refer to the BNS and BNSS |
Why the exclusion matters to traders
| Situation | Effect of section 51 |
|---|---|
| Retailer using a non-standard weight (section 25 offence) | Charged and punished under the Act, not under the IPC provisions on false weights and measures |
| A search of premises for false weights | Runs under section 15 of the Act, through officers named there |
| Conduct involving fraud beyond weights and measures | Section 51 does not, by its words, exclude other laws; take advice |
| A case pending under older or State law | Section 57 of the Act saves earlier notifications, rules and orders as provided there; see sections 56 and 57 |
Example 1. An officer finds a shop using an unverified scale and starts a case. The offence is under section 33 of the Act. Section 51 means the IPC provisions on weights and measures are not the basis for punishing that conduct.
Example 2. A trader is also accused of cheating a customer by a false receipt, unrelated to the weighing itself. Section 51 speaks only of offences with regard to weight or measure that are punishable under the Act. The cheating question is separate, and a lawyer should look at it on the facts.
Need help with overlapping proceedings?
Where a legal metrology notice and a criminal complaint overlap, the route, the forum and the sequence all matter. Our legal dispute resolution team can read both papers together and plan a response. Bring the notice, the complaint or FIR, and the seizure list.
Key takeaways
- Section 51 excludes the IPC and section 153 of the CrPC, so far as they concern offences with regard to weight or measure, for offences punishable under the Act.
- It does not exclude the whole CrPC or other laws on different conduct.
- The IPC and CrPC were replaced by the BNS and BNSS from 1 July 2024; the Act's text still names the old Codes.
- The 2026 Act refers to the BNS and BNSS in sections 40 and 48, not in force until notified.
- Section 51 itself is not amended by either Jan Vishwas Act.
Read next
- Section 15 of the Legal Metrology Act, 2009: Inspection, search and seizure
- Section 50 of the Legal Metrology Act, 2009: Appeals
- Sections 52 and 53 of the Legal Metrology Act, 2009: Rule-making powers
- Cognizance of Offences -- Who Can File Complaint
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 51 is not amended by either Act, as on 30 September 2026. The Act cites the Indian Penal Code and the Code of Criminal Procedure, 1973 as written; they were replaced by the BNS and BNSS from 1 July 2024. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.