Chapter V - Offences and Penalties
Section 41
Section 41: penalty for giving false information or false return.
Knowingly false information requested in official duties, and materially false statutory returns or records, are treated separately in subsections (1) and (2).
On this page
Need advice on Section 41?
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 gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to five thousand rupees and for the subsequent offences the fine shall not be less than two lakh rupees but may extend to five lakh rupees.
(2) Whoever, being required by or under this Act so to do, submits a return or maintains any record or register which is false in material particulars, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to five thousand rupees and for the subsequent offences the fine shall not be less than two lakh rupees but may extend to five lakh rupees.
Introduction
Subsection (1) concerns information requested by an officer in duty that the giver knows or has reason to believe is false. Subsection (2) concerns a required return, record or register false in material particulars.
A mistaken answer is not automatically the same as the knowledge or reason-to-believe element in subsection (1). Keep the actual request, response, source records and correction history.
Key takeaways
Trigger
Subsection (1) concerns information requested by an officer in duty that the giver knows or has reason to believe is false. Subsection (2) concerns a required return, record or register false in material particulars.
Consequence or process
For each subsection, the current text provides an improvement notice first, a second-offence penalty up to five thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
Important limit
A mistaken answer is not automatically the same as the knowledge or reason-to-believe element in subsection (1). Keep the actual request, response, source records and correction history.
Who and what the section covers
Subsection (1) concerns information requested by an officer in duty that the giver knows or has reason to believe is false. Subsection (2) concerns a required return, record or register false in material particulars.
Consequence and statutory process
For each subsection, the current text provides an improvement notice first, a second-offence penalty up to five thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
Practical steps
Identify the precise request or prescribed return.
Reconcile facts to contemporaneous records before submission.
Document corrections and the person approving the response.
Hypothetical example
Before responding to an officer, a company compares the proposed answer with its calibration register and corrects a discrepancy. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
A mistaken answer is not automatically the same as the knowledge or reason-to-believe element in subsection (1). Keep the actual request, response, source records and correction history.
Official sources
Practical checklist
Do
- Identify the precise request or prescribed return.
- Reconcile facts to contemporaneous records before submission.
- Document corrections and the person approving the response.
Avoid
- Do not equate every mistake with knowingly or reasonably believed false information under subsection (1).
- Do not submit a materially false required return or preserve a knowingly false register.
- Do not assume an after-the-fact correction erases the conduct under examination.
Glossary
- Material particulars
- Facts in a required return, record or register significant to the statutory requirement.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 41?
Subsection (1) concerns information requested by an officer in duty that the giver knows or has reason to believe is false. Subsection (2) concerns a required return, record or register false in material particulars.
What is the statutory consequence or process?
For each subsection, the current text provides an improvement notice first, a second-offence penalty up to five thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
What is the key limit to check?
A mistaken answer is not automatically the same as the knowledge or reason-to-believe element in subsection (1). Keep the actual request, response, source records and correction history.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026