Chapter V - Offences and Penalties
Section 33
Section 33: Penalty for use of unverified weight or measure
The section covers selling, distributing, delivering, transferring or using an unverified weight or measure. It was not substituted by Schedule item 66 of the 2026 Jan Vishwas Act, so its own offence wording must be read directly.
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Need advice on Section 33?
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, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure shall be punished with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
Introduction
Do not apply the 2026 first-offence improvement-notice substitutions from neighbouring sections to section 33; it was not among them. 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
The section covers selling, distributing, delivering, transferring or using an unverified weight or measure. It was not substituted by Schedule item 66 of the 2026 Jan Vishwas Act, so its own offence wording must be read directly.
Operational check
Check verification status and validity before sale, transfer or covered use.
Important limit
Do not apply the 2026 first-offence improvement-notice substitutions from neighbouring sections to section 33; it was not among them. 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
The section covers selling, distributing, delivering, transferring or using an unverified weight or measure. It was not substituted by Schedule item 66 of the 2026 Jan Vishwas Act, so its own offence wording must be read directly.
Practical steps and records
Track the verification status of each instrument at sale, distribution, delivery, transfer and use.
- Check verification status and validity before sale, transfer or covered use.
- Retain stamp, certificate, instrument identity and re-verification records; isolate instruments whose verification is missing or expired.
- Check section 24 and applicable rules for the required verification pathway.
Offence tiers and response
Enacted sequence: first offence—fine from two thousand to ten thousand rupees; second or later—the section retains imprisonment up to one year and a fine. The 2026 Schedule did not amend this section.
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 distributor finds several instruments without verification records before dispatch. It holds those units and obtains the required verification evidence.
How to read it with related law
Do not apply the 2026 first-offence improvement-notice substitutions from neighbouring sections to section 33; it was not among them. 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
- Check verification status and validity before sale, transfer or covered use.
- Retain stamp, certificate, instrument identity and re-verification records; isolate instruments whose verification is missing or expired.
- Check section 24 and applicable rules for the required verification pathway.
Avoid
- Do not apply the neighbouring 2026 first-notice wording to section 33.
- Do not assume an instrument is verified merely because its model is approved.
Illustrative example
Hypothetical application of section 33
A distributor finds several instruments without verification records before dispatch. It holds those units and obtains the required verification evidence.
Identify the duty
The section covers selling, distributing, delivering, transferring or using an unverified weight or measure. It was not substituted by Schedule item 66 of the 2026 Jan Vishwas Act, so its own offence wording must be read directly.
Check the evidence
Retain stamp, certificate, instrument identity and re-verification records; isolate instruments whose verification is missing or expired.
Resolve the issue
Check section 24 and applicable rules for the required verification pathway.
Outcome
- Do not apply the 2026 first-offence improvement-notice substitutions from neighbouring sections to section 33; it was not among them. 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
- Unverified weight or measure
- A weight or measure lacking the verification required under the Act and applicable rules.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Did the 2026 Act replace section 33's first consequence?
No. Schedule item 66 does not list section 33.
Can transfer of an unverified measure matter even without its use?
Yes. Section 33 expressly includes selling, distributing, delivering or otherwise transferring an unverified weight or measure.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026