Chapter V - Offences and Penalties
Section 44
Section 44: penalty for counterfeiting of seals, etc.
Section 44 addresses counterfeit seals, tampered stamps, misuse of unlawfully obtained or lawfully held seals, and disposal of instruments known or believed to carry a counterfeit stamp.
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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— (i) counterfeits any seal specified by or under this Act or the rules made thereunder, or (ii) sells or otherwise disposes of any counterfeit seal, or (iii) possesses any counterfeit seal, or (iv) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or (v) affixes the stamp so removed on, or inserts the same into, any other weight or measure, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years. Explanation.—In this sub-section, “counterfeit” shall have the meaning assigned to it in section 28 of the Indian Penal Code (45 of 1860).
(2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the rules made thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the rules made thereunder shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.
(3) Whoever, being in lawful possession of a seal specified by or under this Act or the rules made thereunder, uses, or causes to be used, such seal without any lawful authority for such use, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.
(4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.
Introduction
The four subsections cover making, dealing in or possessing counterfeit seals or stamps; using an unlawfully obtained seal; unauthorised use of a lawfully held seal; and disposal of an instrument known or believed to bear a counterfeit stamp.
The knowledge or reason-to-believe wording in subsection (4) matters for downstream sellers. A suspicious stamp should be preserved for examination, not altered or removed casually.
Key takeaways
Trigger
The four subsections cover making, dealing in or possessing counterfeit seals or stamps; using an unlawfully obtained seal; unauthorised use of a lawfully held seal; and disposal of an instrument known or believed to bear a counterfeit stamp.
Consequence or process
The unamended section sets a six-month minimum and one-year maximum imprisonment for the first offence, with a possible five-year maximum for a second or later offence. Its explanation still refers to the Indian Penal Code definition of counterfeit.
Important limit
The knowledge or reason-to-believe wording in subsection (4) matters for downstream sellers. A suspicious stamp should be preserved for examination, not altered or removed casually.
Who and what the section covers
The four subsections cover making, dealing in or possessing counterfeit seals or stamps; using an unlawfully obtained seal; unauthorised use of a lawfully held seal; and disposal of an instrument known or believed to bear a counterfeit stamp.
Consequence and statutory process
The unamended section sets a six-month minimum and one-year maximum imprisonment for the first offence, with a possible five-year maximum for a second or later offence. Its explanation still refers to the Indian Penal Code definition of counterfeit.
Practical steps
Restrict access to seals and stamp material.
Check stamp provenance during receipt and repair.
Escalate suspected counterfeit marks before sale or use.
Hypothetical example
A repair workshop quarantines a meter bearing a suspicious verification stamp and records its provenance. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
The knowledge or reason-to-believe wording in subsection (4) matters for downstream sellers. A suspicious stamp should be preserved for examination, not altered or removed casually.
Official sources
Practical checklist
Do
- Restrict access to seals and stamp material.
- Check stamp provenance during receipt and repair.
- Escalate suspected counterfeit marks before sale or use.
Avoid
- Do not sell an instrument known or reasonably believed to carry a counterfeit stamp.
- Do not reuse, move or remove a suspect stamp while investigating its origin.
- Do not apply the 2026 improvement-notice tiers from neighbouring sections to this unamended offence.
Glossary
- Counterfeit stamp
- A stamp falsely represented as valid verification, including the acts specified in subsection (1).
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 44?
The four subsections cover making, dealing in or possessing counterfeit seals or stamps; using an unlawfully obtained seal; unauthorised use of a lawfully held seal; and disposal of an instrument known or believed to bear a counterfeit stamp.
What is the statutory consequence or process?
The unamended section sets a six-month minimum and one-year maximum imprisonment for the first offence, with a possible five-year maximum for a second or later offence. Its explanation still refers to the Indian Penal Code definition of counterfeit.
What is the key limit to check?
The knowledge or reason-to-believe wording in subsection (4) matters for downstream sellers. A suspicious stamp should be preserved for examination, not altered or removed casually.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026