Chapter V - Offences and Penalties
Section 43
Section 43: penalty for verification in contravention of Act and rules.
This offence concerns a Controller or legal metrology officer who wilfully verifies or stamps contrary to the Act or rules. It is distinct from an operator’s duty to present instruments for verification.
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Need advice on Section 43?
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
Where the Controller or any legal metrology officer exercising powers under this Act or any rule made thereunder, wilfully verifies or stamps any weight or measure, in contravention of the provisions of this Act or of any rule made thereunder, he 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 a Controller or legal metrology officer who wilfully verifies or stamps a weight or measure contrary to the Act or rules.
A business using an unverified instrument is addressed separately, including under section 33. Preserve the instrument identity, test result and stamp history when reporting suspected misconduct.
Key takeaways
Trigger
The actor must be a Controller or legal metrology officer who wilfully verifies or stamps a weight or measure contrary to the Act or rules.
Consequence or process
The unamended section retains possible imprisonment up to one year, a fine up to ten thousand rupees, or both for every offence.
Important limit
A business using an unverified instrument is addressed separately, including under section 33. Preserve the instrument identity, test result and stamp history when reporting suspected misconduct.
Who and what the section covers
The actor must be a Controller or legal metrology officer who wilfully verifies or stamps a weight or measure contrary to the Act or rules.
Consequence and statutory process
The unamended section retains possible imprisonment up to one year, a fine up to ten thousand rupees, or both for every offence.
Practical steps
Separate the officer’s statutory duty from the user’s verification duty.
Keep test and stamp records traceable to the instrument.
Report suspected wilful misuse through the competent authority.
Hypothetical example
A verifier notices a failed test and refuses to stamp the instrument, documenting the result. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
A business using an unverified instrument is addressed separately, including under section 33. Preserve the instrument identity, test result and stamp history when reporting suspected misconduct.
Official sources
Practical checklist
Do
- Separate the officer’s statutory duty from the user’s verification duty.
- Keep test and stamp records traceable to the instrument.
- Report suspected wilful misuse through the competent authority.
Avoid
- Do not confuse an officer’s wilful wrongful verification with a user’s unverified instrument under section 33.
- Do not infer wilfulness merely from a later failed test.
- Do not rely on an unauthorised stamp as proof of conformity without checking its provenance.
Glossary
- Wilfully
- The deliberate element stated for wrongful verification or stamping by an officer.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 43?
The actor must be a Controller or legal metrology officer who wilfully verifies or stamps a weight or measure contrary to the Act or rules.
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 every offence.
What is the key limit to check?
A business using an unverified instrument is addressed separately, including under section 33. Preserve the instrument identity, test result and stamp history when reporting suspected misconduct.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026