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Chapter V - Offences and Penalties

Section 26

Section 26: Penalty for alteration of weight and measure

Section 26 concerns tampering with standards or changing a weight or measure to deceive, or with knowledge or reason to believe deception is likely. It expressly excepts alteration made to correct an error noticed on verification.

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Need advice on Section 26?

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.

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Statutory text

Bare law

Whoever tampers with, or alters in any way, any reference standard, secondary standard or working standard or increases or decreases or alters any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with fine which may extend to fifty thousand rupees and for the second offence with fine which may extend to one lakh rupees and for the third or subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both.

Introduction

Intent or knowledge is part of the statutory description. An unexplained calibration change should not automatically be described as a proved section 26 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

1

Core rule

Section 26 concerns tampering with standards or changing a weight or measure to deceive, or with knowledge or reason to believe deception is likely. It expressly excepts alteration made to correct an error noticed on verification.

2

Operational check

Preserve the instrument, seals, verification history and adjustment logs if an alteration is questioned.

3

Important limit

Intent or knowledge is part of the statutory description. An unexplained calibration change should not automatically be described as a proved section 26 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

Section 26 concerns tampering with standards or changing a weight or measure to deceive, or with knowledge or reason to believe deception is likely. It expressly excepts alteration made to correct an error noticed on verification.

Practical steps and records

Preserve adjustment evidence because deceptive purpose or likely deception and the verification-error exception matter.

  • Preserve the instrument, seals, verification history and adjustment logs if an alteration is questioned.
  • Separate an authorised correction of a verified error from a deceptive change; document who changed the device and why.
  • Read the offence sequence carefully: the 2026 amendment inserts a distinct second-offence fine before the third-or-later tier.

Offence tiers and response

Enacted sequence: first offence—fine up to fifty thousand rupees; second—fine up to one lakh rupees; third or later—the retained imprisonment/fine clause. This is not one of the first-notice substitutions.

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 technician adjusts a meter after a verification identifies an error and records that correction. That fact pattern differs from secretly changing its reading to mislead a customer.

How to read it with related law

Intent or knowledge is part of the statutory description. An unexplained calibration change should not automatically be described as a proved section 26 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

  • Preserve the instrument, seals, verification history and adjustment logs if an alteration is questioned.
  • Separate an authorised correction of a verified error from a deceptive change; document who changed the device and why.
  • Read the offence sequence carefully: the 2026 amendment inserts a distinct second-offence fine before the third-or-later tier.

Avoid

  • Do not classify every adjustment as tampering without considering the statutory state of mind.
  • Do not overlook the express exception for correction of an error noticed on verification.

Illustrative example

Hypothetical application of section 26

A technician adjusts a meter after a verification identifies an error and records that correction. That fact pattern differs from secretly changing its reading to mislead a customer.

  1. Identify the duty

    Section 26 concerns tampering with standards or changing a weight or measure to deceive, or with knowledge or reason to believe deception is likely. It expressly excepts alteration made to correct an error noticed on verification.

  2. Check the evidence

    Separate an authorised correction of a verified error from a deceptive change; document who changed the device and why.

  3. Resolve the issue

    Read the offence sequence carefully: the 2026 amendment inserts a distinct second-offence fine before the third-or-later tier.

Outcome

  • Intent or knowledge is part of the statutory description. An unexplained calibration change should not automatically be described as a proved section 26 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

Working standard
A standard used in the traceability hierarchy identified in the Act and related rules.
Prescribed
Specified in rules made under the Legal Metrology Act, 2009.

Frequently asked questions

Is every adjustment prohibited?

No. The text excepts an alteration made to correct an error noticed on verification.

Did the 2026 Act replace the first section 26 fine with a notice?

No. It changed the repeat-offence wording; the first-offence fine remains in the section.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026