Offences related to weight or measure covered under Legal Metrology Act cannot be covered by IPC: SC
The Supreme Court of India (“SC”), in the case of The State of Uttar Pradesh v. Aman Mittal has held that the provisions of Indian Penal Code, 1860 (“IPC”) will not be applicable on offences related to weights and measures, which are covered under Legal Metrology Act, 2009 (“LM Act”).
The point of contention in this case was applicability of Section 3 of the LM Act which specifies that provisions of the LM Act shall override anything inconsistent contained in any other law with regards to weights and measures. Further, Section 51 of the LM Act specifies that the provisions of the IPC shall not be applied for any offence related to weights and measures. The SC has clarified that the provisions of the IPC which relates to offence relating to weights and measures will be not applicable due to the LM Act.
The SC held that scheme of the LM Act and application of Sections 3 and 51 of the LM Act clearly provide that offences related to weights and measures shall be covered solely by the Act.
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The LM Act was specially enacted to establish and enforce standards of weights and measures, regulate the trade and commerce in weights, measures and other goods which are sold or distributed in weights, measures or number. Therefore, the SC has laid down the correct position of law by stating the that offences related to weights and measures covered under the LM Act would be excluded from the purview of the IPC.
Disclaimer: This post has been prepared for informational purposes only. The information/or observations contained in this post does not constitute legal advice and should not be acted upon in any specific situation without seeking proper legal advice from a practicing attorney.