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Chapter V - Offences and Penalties

Section 34

Section 34: Penalty for sale or delivery by non-standard weight or measure

The section addresses selling or delivering a commodity, article or thing by means other than standard weight, measure or number. The 2026 amendment introduces an improvement notice for the first offence.

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Need advice on Section 34?

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 sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any means other than the standard weight or measure or number, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to twenty-five thousand rupees and for the subsequent offences the fine shall not be less than fifty thousand rupees but may extend to one lakh rupees.

Introduction

This provision focuses on the means of sale or delivery; section 30 separately concerns specified quantity shortfalls. 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

The section addresses selling or delivering a commodity, article or thing by means other than standard weight, measure or number. The 2026 amendment introduces an improvement notice for the first offence.

2

Operational check

Identify the unit and measuring method actually used for the sale or delivery.

3

Important limit

This provision focuses on the means of sale or delivery; section 30 separately concerns specified quantity shortfalls. 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 addresses selling or delivering a commodity, article or thing by means other than standard weight, measure or number. The 2026 amendment introduces an improvement notice for the first offence.

Practical steps and records

Identify the non-standard means used in a commodity sale or delivery; keep the unit and instrument evidence.

  • Identify the unit and measuring method actually used for the sale or delivery.
  • Compare them with the Act's standard units and relevant technical rules, then correct invoices, labels or instruments as appropriate.
  • Preserve transaction and instrument records when responding to a notice.

Offence tiers and response

Enacted sequence: first offence—improvement notice; second—penalty up to twenty-five thousand rupees; subsequent—fine from fifty thousand to one 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 wholesaler delivers bulk material using an impermissible measuring method. It updates the dispatch method and supporting sales records before the next delivery.

How to read it with related law

This provision focuses on the means of sale or delivery; section 30 separately concerns specified quantity shortfalls. 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 unit and measuring method actually used for the sale or delivery.
  • Compare them with the Act's standard units and relevant technical rules, then correct invoices, labels or instruments as appropriate.
  • Preserve transaction and instrument records when responding to a notice.

Avoid

  • Do not describe an ordinary short delivery as this offence without showing a non-standard measuring means.
  • Do not ignore the separate offence for quantity shortfalls in section 30.

Illustrative example

Hypothetical application of section 34

A wholesaler delivers bulk material using an impermissible measuring method. It updates the dispatch method and supporting sales records before the next delivery.

  1. Identify the duty

    The section addresses selling or delivering a commodity, article or thing by means other than standard weight, measure or number. The 2026 amendment introduces an improvement notice for the first offence.

  2. Check the evidence

    Compare them with the Act's standard units and relevant technical rules, then correct invoices, labels or instruments as appropriate.

  3. Resolve the issue

    Preserve transaction and instrument records when responding to a notice.

Outcome

  • This provision focuses on the means of sale or delivery; section 30 separately concerns specified quantity shortfalls. 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

Standard weight or measure
A weight or measure conforming to the Act's established standards.
Prescribed
Specified in rules made under the Legal Metrology Act, 2009.

Frequently asked questions

Is every shortage a section 34 issue?

No. A shortage against the contracted quantity may call for a separate section 30 analysis.

Does section 34 require proof of a completed sale?

Its text also covers delivery, and causing a commodity, article or thing to be sold or delivered by non-standard means.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026