Criminal procedure and legal metrology | Updated 17 October 2026

Section 153 CrPC - Inspection of Weights and Measures

Section 153 of the Code of Criminal Procedure, 1973 empowered a police station officer-in-charge to inspect suspected false weights and measures without a warrant and to seize them, subject to reporting the seizure to a Magistrate. This historical provision was not reproduced in the Bharatiya Nagarik Suraksha Sanhita, 2023.

Current legal position: The CrPC was repealed with effect from 1 July 2024 under Section 531 of the BNSS, subject to its saving provisions. Section 153 CrPC has no direct BNSS equivalent. Regulation and enforcement relating to weights and measures are principally dealt with under the Legal Metrology Act, 2009 and the applicable rules.

Text of Section 153 CrPC, 1973

Inspection of weights and measures

(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

Source: Government of India - Section 153 CrPC statutory text.

Meaning and scope of the former provision

Section 153(1) authorised the officer in charge of a police station to enter premises within the station's territorial limits without first obtaining a warrant, but only when there was reason to believe that false weights, measures or weighing instruments were present. The statutory condition was a reasoned suspicion, not a general licence for unrestricted searches.

Section 153(2) permitted seizure of false weights, measures or weighing instruments discovered during the inspection. It also imposed a duty to inform the Magistrate having jurisdiction forthwith about the seizure.

Key terms explained

Weight or measure: A standard or instrument used to determine quantity, mass, length, volume or another measurable characteristic, as relevant under legal metrology legislation.
False weight or measure: In this context, a weight or measure that does not truthfully represent the quantity it purports to measure. For enforcement under current law, the applicable statutory definitions and prescribed tolerances must be consulted.
Officer in charge of a police station: The police officer legally responsible for the station, as defined under the applicable criminal procedure law.
Magistrate having jurisdiction: A Magistrate empowered to deal with the relevant matter according to territorial and subject-matter jurisdiction.

What law applies after 1 July 2024?

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC, subject to the statutory repeal and savings provisions. Its Section 172 concerns compliance with lawful police directions; it is not a re-enactment of CrPC Section 153. The official NCRB comparative section table and the Bureau of Police Research and Development comparison identify the former inspection provision as deleted.

For present-day inspection, verification, seizure and prosecution involving weighing and measuring instruments, the starting point is the Legal Metrology Act, 2009, together with central and state rules. Section 15 addresses powers of inspection, seizure and forfeiture exercised by the Director, Controller or legal metrology officers authorised under that Act, subject to its statutory requirements. Section 51 addresses the relationship with specified provisions of criminal law. Powers under general criminal procedure or other laws must be assessed separately on the facts; omission of CrPC Section 153 does not make all enforcement against fraudulent measurement impossible.

Official sources: India Code - search the Legal Metrology Act, 2009 and Ministry of Home Affairs - criminal procedure legislation.

Practical example

If a trader is suspected of using a tampered weighing machine to supply less goods than the quantity charged, the complaint may be referred to the competent Legal Metrology authority. An authorised officer can assess the instrument and take action within the powers and procedures laid down by the Legal Metrology Act and relevant rules. Whether any separate criminal offence or police investigation arises depends on the particular conduct and the applicable law.

Pending cases and historical relevance

Section 531 BNSS contains repeal and savings provisions for matters pending when the new procedural law commenced. The treatment of a particular inspection, seizure, investigation or proceeding depends on its dates, procedural status and the relevant saving provision. Section 153 CrPC therefore remains relevant to understanding historical exercises of power, even though it is not a current standalone inspection power under the BNSS.

Frequently asked questions

Is Section 153 CrPC still in force?

No. The CrPC was repealed from 1 July 2024, subject to savings under the BNSS. The former Section 153 was not reproduced in the new code.

What is the equivalent of Section 153 CrPC in BNSS?

There is no direct corresponding BNSS provision for inspection of weights and measures. BNSS Section 172 deals with lawful police directions and should not be treated as an equivalent.

Who can inspect inaccurate weighing machines today?

Competent legal metrology officials may inspect and take appropriate action under the Legal Metrology Act, 2009 and applicable rules. Any other authority must rely on an independently applicable statutory power.

Legal information only. For a particular inspection or seizure, consult the currently applicable statute, rules, notifications and legal advice.