Chapter V - Offences and Penalties

Section 36

Section 36: Penalty for selling non-standard packages

The 2026 Act substitutes section 36(1), expressly covering specified digital modes and electronic service providers facilitating sales of pre-packaged commodities with nonconforming declarations. Subsection (2) separately addresses prescribed net-quantity error.

Official text

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Need advice on Section 36?

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

(1) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale, including through digital modes of sale such as e-commerce platforms, online market places or any other digital or electronic means including electronic service providers facilitating such sales, any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to five lakh rupees and for the subsequent offences the fine shall not be less than twenty-five lakh rupees but may extend to fifty lakh rupees.

Explanation.–– For the purposes of this sub-section, the expressions “e-commerce” and “electronic service provider” shall have the same meaning as assigned to them in clauses (16) and (17) of section 2 of the Consumer Protection Act, 2019 (35 of 2019).

(2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and for the second offence with fine which may extend to five lakh rupees and for the third or subsequent offence, with fine which may extend to fifty lakh rupees or with imprisonment for a term which may extend to one year or with both.

Introduction

For a marketplace or electronic service provider, assess the actual conduct listed in subsection (1), including offers, exposure and facilitation of digital sales; do not assume automatic liability or exemption from the mere presence of a defective listing. The improvement-notice wording appears in subsection (1), not the retained/revised subsection (2) net-quantity 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

Operational check

Check whether the commodity is pre-packaged and which declaration duties apply under section 18 and current Packaged Commodities Rules.

Important limit

When this section applies

Practical steps and records

Check package declarations and net quantity as separate issues, then map every participant's physical or digital conduct to subsection (1).

Check whether the commodity is pre-packaged and which declaration duties apply under section 18 and current Packaged Commodities Rules.
Audit physical packages and the digital sale route; identify the manufacturer, packer, importer, seller or facilitator role accurately.
Distinguish a declaration defect under subsection (1) from a prescribed net-quantity error under subsection (2), and preserve batch/testing evidence.

Offence tiers and response

Subsection (1): first offence—improvement notice; second—penalty up to five lakh rupees; subsequent—fine from twenty-five lakh to fifty lakh rupees. Subsection (2): first net-quantity offence—fine from ten thousand to one lakh rupees; second—fine up to five lakh; third or later—fine up to fifty lakh, imprisonment up to one year, or both.

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 marketplace listing offers a pre-packaged product whose physical pack lacks a required declaration. Investigators establish which party performed a listed act or facilitated the sale before attributing subsection (1); a short-filled pack requires a separate subsection (2) assessment.

How to read it with related law

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 whether the commodity is pre-packaged and which declaration duties apply under section 18 and current Packaged Commodities Rules.
Audit physical packages and the digital sale route; identify the manufacturer, packer, importer, seller or facilitator role accurately.
Distinguish a declaration defect under subsection (1) from a prescribed net-quantity error under subsection (2), and preserve batch/testing evidence.

Avoid

Do not assume that a marketplace is automatically liable or exempt; examine its offer, exposure, transfer or facilitation conduct.
Do not carry the subsection (1) first-offence notice into subsection (2)'s separate net-quantity tiers.

Illustrative example

Hypothetical application of section 36

A marketplace listing offers a pre-packaged product whose physical pack lacks a required declaration. Investigators establish which party performed a listed act or facilitated the sale before attributing subsection (1); a short-filled pack requires a separate subsection (2) assessment.

Identify the duty
The 2026 Act substitutes section 36(1), expressly covering specified digital modes and electronic service providers facilitating sales of pre-packaged commodities with nonconforming declarations. Subsection (2) separately addresses prescribed net-quantity error.
Check the evidence
Audit physical packages and the digital sale route; identify the manufacturer, packer, importer, seller or facilitator role accurately.
Resolve the issue
Distinguish a declaration defect under subsection (1) from a prescribed net-quantity error under subsection (2), and preserve batch/testing evidence.

Outcome

For a marketplace or electronic service provider, assess the actual conduct listed in subsection (1), including offers, exposure and facilitation of digital sales; do not assume automatic liability or exemption from the mere presence of a defective listing. The improvement-notice wording appears in subsection (1), not the retained/revised subsection (2) net-quantity 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

Pre-packaged commodity: A commodity placed in a package without the purchaser present so that it has a predetermined quantity.
Prescribed: Specified in rules made under the Legal Metrology Act, 2009.

Frequently asked questions

Does the 2026 text mention e-commerce?

Yes. Subsection (1) expressly includes digital sales modes and electronic service providers facilitating them.

Are a missing declaration and a short-filled package the same subsection?

No. Subsection (1) concerns nonconforming package declarations; subsection (2) addresses actual net quantity that falls short of the declared quantity beyond the prescribed maximum permissible error.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026

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