Inspection of weights and measures
Section 153 of the Code of Criminal Procedure, 1973 deals with inspection of weights and measures. 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
CHAP
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Section 153, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
No provision of the Bharatiya Nagarik Suraksha Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Avinash Chandra Vaish vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When a special statute like the Legal Metrology Act 2009 contains a non obstante clause and exclusionary provision (Section 51), it excludes only those provisions of the general statute (IPC) which specifically relate to the subject matter covered by the special statute. Offences under the general statute which are not covered by the special statute remain prosecutable even when the facts also constitute an offence under the special statute. The exclusion applies only to Chapter XIII IPC (Sections 264-267) relating to weights and measures, not to offences of cheating, forgery, criminal conspiracy or common intention which are not covered by the Legal Metrology Act 2009. An accused can be prosecuted under either or both statutes but cannot be punished twice for the same offence.
On this section: Inspection of weights and measures; held to be excluded by Section 51 of Legal Metrology Act 2009 for weights and measures offences
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The State of Uttar Pradesh Secretary Ministry of Home Govt. of U. P vs Aman Mittal
Court's Decision & Legal Precedent
Where a special statute provides for specific offences relating to a particular subject matter and contains an overriding clause, the special statute excludes the application of corresponding provisions of a general statute only insofar as they relate to the specific subject matter covered by the special statute. Offences under the general statute that are not covered by the special statute remain prosecutable even if the facts also constitute an offence under the special statute, provided the offender is not punished twice for the same offence. In the context of the Legal Metrology Act 2009, Section 51 excludes only Chapter XIII IPC offences relating to weights and measures, not all IPC offences. Offences of cheating, forgery, criminal conspiracy and common intention remain prosecutable under IPC as they are not covered by the Legal Metrology Act.
On this section: Section 153 permits police inspection of weights and measures without warrant. Section 482 permits High Court to quash proceedings. Court held that High Court cannot issue directions regarding investigation methodology under Section 482 as investigation is executive function.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 153
What have the courts held on Section 153 of the Code of Criminal Procedure?
Avinash Chandra Vaish vs The State of Uttar Pradesh (04 Sep 2019) is the leading judgment on this section among those set out below: Inspection of weights and measures; held to be excluded by Section 51 of Legal Metrology Act 2009 for weights and measures offences. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 153 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 153, section 153 CRPC, section 153 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Avinash Chandra Vaish vs The State of Uttar Pradesh (04 Sep 2019).
When did Section 153 of the Code of Criminal Procedure come into force?
Section 153 of the Code of Criminal Procedure, cited as CRPC 153, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.