Legal Metrology Act, Decriminalization

There is a need to consider the decriminalization of Legal Metrology as it has a characteristic Civil nature. There is a proper criminal procedure laid down for the criminal matters but in the case of Legal Metrology the criminal procedure for investigation, arresting and FIR is different and more like of civil nature. 

Also, there is a need to consider the punishment for the subsequent offense committed by the offender, as suggested it should increase the amount and the tenure of imprisonment. Legal Metrology offences are bailable offences that are non-compoundable as well.

The Nature of Legal Metrology Act, 2009

  1. The Legal Metrology Act 2009 has both civil and criminal natures.

  2. As it is a compoundable offense, even after putting the criminal allegation as per the Act, the offender can compound the office offense by just paying off the fine for the offense he has committed.

  3. It is a bailable offence and a non-cognizable offence where no investigation or arrest can take place without prior instructions or permission from the magistrate.

  4. It is more likely of a civil nature, but as per the procedure, it has a criminal nature, which ultimately makes more interference in the business and makes the entire business and unit liable for the cause' which is done by another person who is the wrongdoer or offender under the legal metrology act.

  5. It has been requested to the State Government look into the matter and consider all the factors while decriminalizing the Legal Metrology Act, 2009 in the interest of the consumer and businesses.

Legal Metrology Offences and Punishment

  1. The offence takes place under Legal Metrology whenever any violation is committed by
    1. Manufacturer,
    2. Importer,
    3. Packer,
    4. Seller, or
    5. Any other dealer of weight and measurement.

  2. After commencement of the offence the Inspector of Legal Metrology
    1. Does the inspection, or
    2. File the complaint.

  3. The inspector shall belong to the legal metrology department only and he is well known as the legal metrology officer.

  4. However, punishment of legal metrology offences under IPC is given under sections 264 to 267, and these sections say that the punishment for the offences of weight and measures is
    1. Imprisonment, which may extend up to one year,
    2. A fine, or
    3. Both imprisonment and the fine.

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