Chapter V - Offences and Penalties
Section 42
Section 42: vexatious search.
This section concerns a Director, Controller or officer who knows reasonable grounds are absent yet conducts a specified search or seizure. It protects against misuse of inspection power.
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Need advice on Section 42?
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
The Director, the Controller or any legal metrology officer, exercising powers under this Act or any rule made thereunder, who knows that there are no reasonable grounds for so doing, and yet— (a) searches, or causes to be searched, any house, conveyance or place; or (b) searches any person; or (c) seizes any weight, measure or other movable property; shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
Introduction
The actor must be the Director, Controller or a legal metrology officer who knows reasonable grounds are absent and nevertheless conducts a listed search or seizure.
This is an officer-misuse offence. It does not make every disputed search vexatious or substitute for challenging the legality of a particular search under section 15.
Key takeaways
Trigger
The actor must be the Director, Controller or a legal metrology officer who knows reasonable grounds are absent and nevertheless conducts a listed search or seizure.
Consequence or process
The unamended section retains possible imprisonment up to one year, a fine up to ten thousand rupees, or both for each offence.
Important limit
This is an officer-misuse offence. It does not make every disputed search vexatious or substitute for challenging the legality of a particular search under section 15.
Who and what the section covers
The actor must be the Director, Controller or a legal metrology officer who knows reasonable grounds are absent and nevertheless conducts a listed search or seizure.
Consequence and statutory process
The unamended section retains possible imprisonment up to one year, a fine up to ten thousand rupees, or both for each offence.
Practical steps
Record the facts of a disputed search without interfering.
Preserve inventory and contemporaneous evidence.
Use the appropriate complaint or legal process for alleged misuse.
Hypothetical example
A business records the time, warrant or authorisation, items seized and names of attending officers when disputing a search. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
This is an officer-misuse offence. It does not make every disputed search vexatious or substitute for challenging the legality of a particular search under section 15.
Official sources
Practical checklist
Do
- Record the facts of a disputed search without interfering.
- Preserve inventory and contemporaneous evidence.
- Use the appropriate complaint or legal process for alleged misuse.
Avoid
- Do not apply this officer-misuse offence to a trader merely because a search was disputed.
- Do not allege vexatious search without examining the officer’s knowledge and reasonable grounds.
- Do not alter a seizure inventory or discard evidence while contesting the search.
Glossary
- Vexatious search
- A listed search or seizure by an officer who knows reasonable grounds are absent.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 42?
The actor must be the Director, Controller or a legal metrology officer who knows reasonable grounds are absent and nevertheless conducts a listed search or seizure.
What is the statutory consequence or process?
The unamended section retains possible imprisonment up to one year, a fine up to ten thousand rupees, or both for each offence.
What is the key limit to check?
This is an officer-misuse offence. It does not make every disputed search vexatious or substitute for challenging the legality of a particular search under section 15.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026