Chapter V - Offences and Penalties
Section 25
Section 25: Penalty for use of non-standard weight or measure
This provision addresses using or keeping for use a weight or measure, or using numeration, outside the statutory standards. The 2026 amendment replaces the first-offence fine with an improvement notice and revises later consequences.
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Need advice on Section 25?
This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Whoever uses or keeps for use any weight or measure or makes use of any numeration otherwise than in accordance with the standards of weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to one lakh rupees and for the subsequent offences the fine shall be not less than two lakhs rupees but may extend to five lakh rupees.
Introduction
The first-offence wording does not erase the underlying standards duty or guarantee that every alleged breach is legally a first offence. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Key takeaways
Core rule
This provision addresses using or keeping for use a weight or measure, or using numeration, outside the statutory standards. The 2026 amendment replaces the first-offence fine with an improvement notice and revises later consequences.
Operational check
Identify the actual unit, instrument and intended use; compare them with the Act and applicable technical rules.
Important limit
The first-offence wording does not erase the underlying standards duty or guarantee that every alleged breach is legally a first offence. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
When this section applies
This provision addresses using or keeping for use a weight or measure, or using numeration, outside the statutory standards. The 2026 amendment replaces the first-offence fine with an improvement notice and revises later consequences.
Practical steps and records
Test actual or intended use against the standard; keeping a non-standard item ready for use can engage the provision.
- Identify the actual unit, instrument and intended use; compare them with the Act and applicable technical rules.
- Remove a nonconforming instrument from covered use and record the correction and subsequent verification where required.
- If served with a notice, read its stated grounds, required measures and period under section 15(6); track response and evidence.
Offence tiers and response
Enacted sequence: first offence—improvement notice; second—penalty up to one lakh rupees; subsequent—fine stated as not less than two lakh and up to five lakh rupees.
The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Hypothetical example
Hypothetical: A trader keeps a non-standard measuring device ready for customer transactions. On an identified first offence, the amended provision calls for an improvement notice; a later offence follows the different statutory tier.
How to read it with related law
The first-offence wording does not erase the underlying standards duty or guarantee that every alleged breach is legally a first offence. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Primary sources
Read the original central Act with the enacted and commenced amendments listed here. Rules made under the Act and State enforcement rules supply details where the provision says 'prescribed'.
Practical checklist
Do
- Identify the actual unit, instrument and intended use; compare them with the Act and applicable technical rules.
- Remove a nonconforming instrument from covered use and record the correction and subsequent verification where required.
- If served with a notice, read its stated grounds, required measures and period under section 15(6); track response and evidence.
Avoid
- Do not confine the offence to completed measurements; it also says 'keeps for use'.
- Do not describe the first-offence notice as permission to continue using a non-standard instrument.
Illustrative example
Hypothetical application of section 25
A trader keeps a non-standard measuring device ready for customer transactions. On an identified first offence, the amended provision calls for an improvement notice; a later offence follows the different statutory tier.
Identify the duty
This provision addresses using or keeping for use a weight or measure, or using numeration, outside the statutory standards. The 2026 amendment replaces the first-offence fine with an improvement notice and revises later consequences.
Check the evidence
Remove a nonconforming instrument from covered use and record the correction and subsequent verification where required.
Resolve the issue
If served with a notice, read its stated grounds, required measures and period under section 15(6); track response and evidence.
Outcome
- The first-offence wording does not erase the underlying standards duty or guarantee that every alleged breach is legally a first offence. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Glossary
- Improvement notice
- The notice defined in section 2 and described in section 15(6), as inserted in 2026.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does a first improvement notice mean non-standard use is permitted?
No. It changes the specified first-offence consequence; conformity remains required.
Can non-standard numeration engage section 25?
Yes. The section covers use of numeration otherwise than in accordance with the statutory standard, as well as a weight or measure.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026