Socio-Economic Offences - Unit 1

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: Ninth Semester

Class: BALLB/ BBA LL.B IX Semester
Name of the Subject: Socio-Economic Offence

UNIT:I
Hoarding and Profiteering
FACULTY NAME: Mr. Sunil Kumar

Assistant Professor ( Law)
SOCIO-ECONOMIC OFFENCES
Offences are divided into two broad categories:
➢Conventional offences (includes mens rea)- Example- murder, theft, rape etc.
➢Non-Conventional offences (do not include mens rea) –Example- white collar
crimes, socio economic offences, organized crime etc.
The offences that affect the health or material welfare of the community as a whole
are termed as socio-economic offences.
These are a type of non-conventional crimes i.e., they do not consist of Mens Rea.
The major causes of this offence are Industrial Revolution, extreme business
competitiveness, technological and scientific development, decline in ethical, moral
and spiritual values, materialistic happiness and the greed for money, State’s
attitude of “laissez fair” philosophy, lack of any intensive and organized public
resentment.
Examples-corruption, tax evasion, adulteration of food or drugs, black marketing
etc

ESSENTIAL COMMODITIES ACT,1955
Objectives of the Act:

Maintaining an uninterrupted supply of essential commodities in the country.
The government (Ministry of Consumer Affairs, Food & Public Distribution)
tries to keep the price of essential commodities stable.
The central government also fixes the maximum retail price for such goods.
Preventing unnecessary storage of essential commodities.
Stop black marketing of essential commodities
Definition
Essential Commodity means any commodity essential for the sustenance of
the life of community and declared as such by the Central Government and
included in the list to schedule under section 2(a) of the Essential
Commodities Act, 1955.

POWER OF CENTRAL GOVERNMENT TO

CONTROL PRODUCTION, SUPPLY AND
DISTRIBUTION ETC.,OF ESSENTIAL
COMMODITIES (SECTION 3)
Regulation or prohibit the production, supply and distribution, trade and
commerce of any essential commodity.
Regulate by licenses, permits or otherwise:
➢The production or manufacture of any essential commodity.
➢Storage, transport, distribution, disposal, acquisition, consumption
Cultivate food crops on any waste land
Prohibit the withholding from sale of any essential commodity ordinarily
kept for sale.
SEIZURE AND CONFISCATION

(SECTION 6A)
Essential commodities under section 3 shall be produced before the District
Collector.
If the collector is satisfied then there has been a contravention of the order may
order confiscation of-
➢The essential commodity so seized;
➢Any package, covering or receptacle in which such essential commodity is
found; and
➢Any criminal, vehicle, vessel or other conveyance used in carrying such
essential commodity.
The person from whom it is seized is given a show cause notice informing the
grounds of confiscation.
Any person aggrieved may, within one month of such order, appeal to the state
government.
OFFENCES (SECTION 10A AND

SECTION 11)
oAll offences are cognizable and non-bailable.
oNo court shall take cognizance of any offence punishable under this Act
except on a report in writing of the facts constituting such offence made
by a public servant or any person aggrieved or any recognized consumer
association.
oAll offences shall be tried only by the special court constituted for the
area.
oAll trials should be summary trials.
oAn appeal lie to the High Court
PENALTIES (SECTION 7)
If any person contravenes any order made under Section 3:
o Imprisonment for a term which may extend from three months to seven
years and shall also be liable to fine.
oAny property in respect of which the order has been contravened shall be
forfeited to the government.
oAny packing, covering or receptacle in which the property is found and any
animal, vehicle or other conveyance used in carrying the property shall, if the
court so orders, be forfeited to the government.
STANDARDS OF WEIGHT AND

MEASURES ACT, 1976
Provides to prescribe specification of measuring instruments used in
commercial transaction, industrial production an measurement involved in
public Health and Human safety. The specifications are given in the Standard of
weights and Measures (General) Rules 1987.
Regulation of inter-state trade and commerce in weights and measures and
commodities sold, distributed or supplied by weights or measures;
Approval (before manufacture) of models of weights and measuring instrument
intended to be manufactured after the commencement of the proposed
legislation;
Control and regulation of export and import of weights and measures and
commodities in packaged form;
Establishment of an Indian Institute of Legal Metrology to provide training in
legal metrology to inspectors and others;
Surveys and collection of statistics for facilitating planning and

enforcement of the proposed legislation.
Inspection of weighing and measuring instruments during their use to
prevent fraudulent practices.
Powers of inspectors to search, seize and forfeiture of non-standard weight
or measure
Power to file case in the court for prosecution
Power to compound certain cases before or after the institution of the
prosecution cases.
Power to make rules for implementing the provisions of the Act.
Preliminary Provisions
Section 2A-Act means the Standards of Weights and Measures Act, 1976 (60 of
1976).
Section 2B- Protection means the utilization of any weight or measure or any
reading obtained with the help of any weight or measure, for the purpose of
determining whether or not only step is required to be taken to safeguard the well-
being of any human being or animal, or to protect any commodity vegetation or
thing, whether individually or collectively;
Section 2C- Schedule means a Schedule appended to these rules;
Section 2M-“inter-State trade or commerce”, in relation to any weight or measure
or other goods which are bought, sold supplied, distributed or delivered by weight,
measure or number, means the purchase, sale, supply, distribution or delivery
which—(i) occasions the movement of such weight, measure or other goods from
one State to another, or
(ii) is effected by a transfer of documents of title to such weight, measure or other
goods during its movement from one State to another.
Explanation I.—Where any such weight or measure is, or other goods are,
delivered to a carrier or other bailee for transmission, the movement of such
weight, measure or other goods shall, for the purposes of sub-clause (ii), be
deemed to commence at the time of such delivery and terminate at the time
when delivery is taken from such carrier or bailee.
Explanation II.— Where the movement of any such weight, measure or

other goods commences and terminates in the same State, it shall not be
deemed to be a movement of such weight, measure or other goods from one
State to another merely by reason of the fact that in the course of such
movement it passes through the territory of any other State
Section 2(n) -level” means any written, marked, stamped, printed, or graphic
matter affixed to or appearing upon, any commodity or package containing
any commodity.
Section 2(q) -“person” includes—(i) every department of office,

(ii) every organisation established or constituted by Government,
(iii) every local authority within the territory of India,
(iv) every co-operative society,
(v) every other society registered under the Societies Registration Act, 1860
(21 of 1860);
Section 2(r)-“premises” includes—
(i) a place where any business, industry, production or trade is carried on

by a person, whether by himself or through an agent, by whatever name
called,
(ii) a warehouse, godown or other place where any weight, measure or
other goods are stored or exhibited,
(iii) a place where any books of account or other documents pertaining to
any trade or transaction are kept,
(iv) a dwelling house if any part thereof is used for the purpose of carrying
on any business, industry, production or trade.
Section 2(v)-“sale”, with its grammatical variations and cognate expressions,

means transfer of property in any weight, measure or other goods by one
person to another for cash or for deferred payment or for any other valuable
consideration, and includes a transfer of any weight, measure or other goods
on the hire-purchase system or any other system of payment by installments,
but does not include a mortgage or hypothecation of, or a charge or pledge on,
such weight, measure or other goods.
Section 2 (z)-‘transaction” means—

(i) any contract, whether for sale, purchase, exchange or any other purpose,
or
(ii) any assessment of royalty, toll, duty or other dues, or
(iii) the assessment of any work done, wages due or services rendered;
Section 2(zb)-verification, with its grammatical variation and cognate

expressions, includes, in relation to any weight or measure, the process of
comparing, checking, testing or adjusting such weight or measure with a
view to ensuring that such weight or measure conforms to the standards
established by or under this Act, and also includes re-verification and
calibration;
Section 2(zc) “weighing or measuring instrument” means any object, in-

strument, apparatus or device, or any combination thereof, which is, or is
intended to be used, exclusively or additionally, for the purpose of making
any weighment or measurement, and includes any appliance, accessory or
part associated with any such object, instrument, apparatus or device
Section 28 Appointment of Director and other staff.—

(1) The Central Government may, by notification, appoint a Director of Legal
Metrology and as many Additional, Joint, Deputy or Assistant Directors and
other officers and staff as may be necessary for exercising the powers and
efficiently discharging the duties conferred or imposed on them by or under
this Act.
(2) Every Additional, Joint, Deputy or Assistant Director and other officer,
appointed under sub-section (1), shall exercise such powers, and discharge such
functions of the Director as the Central Government may, by notification,
authorise in this behalf.
(3) The Director may, by general or special order, define the local limits within
which each Additional, Joint, Deputy or Assistant Director or other officer,
appointed under sub-section (1), shall exercise his powers and discharge the duties
conferred or imposed on him by or under this Act.
(4) Subject to the provision of this Act, every Additional, Joint, Deputy or
Assistant Director and every other officer, appointed under sub-section (1), shall
exercise his power and discharge the duties of his office under the general
superintendence, direction and control of the Director and shall exercise those
powers and discharge those duties in the same manner and with the same effect as
if they had been conferred or imposed on him directly by this Act and not by way
of authorisation.
(5) The Director and every Additional, Joint, Deputy and Assistant Director and
every other officer authorised to perform any duty by or under this Act shall be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
(6) No suit, prosecution or other legal proceeding shall lie against the Director,
Additional, Joint, Deputy or Assistant Director or any other officer authorised to
perform any duty by or under this Act in respect of anything which is in good faith
done or intended to be done under this Act or any rule or order made thereunder.
(7) The Central Government may, with the consent of the State Government and
subject to such conditions, limitations and restrictions as it may specify in this
behalf, delegate such of the powers of the Director under this Act as it may think fit
to the person for the time being holding the office of the Controller of Legal
Metrology, in the State, and such Controller may, if he is of opinion that it is
necessary or expedient in the public interest so to do, delegate such of the powers
delegated to him as he may think fit to any officer subordinate to him, not being an
officer below the rank of an Inspector, and where any such delegation of powers is
made by such Controller, the person to whom such powers are delegated shall
exercise those powers in the same manner and with the same effect as if they had
been conferred on him directly by this Act and not by way of delegation.
(8) Where any delegation of powers is made under sub-section (7) the
powers so delegated shall be exercised under the general
superintendence, direction and guidance of the Director.
Inspectors of Weights and Measures
Section 29- Power of Inspector to enter premises—An Inspector may, if he has any reason to
believe, whether from any information given to him by any person and taken down by him in
writing or from personal knowledge or otherwise, that an offence punishable under this Act has
been, or is likely to be, committed in relation to any weight, measure or other goods which are
sold, delivered or distributed by weight, measure or number, enter, at all reasonable times, into
any premises—
(i) where such weight or measure is—

(a) made manufactured, repaired, or sold, or
(b) used, or kept or believed to be kept for use, in any transaction or for industrial production or
for protection;
(ii) where such goods are manufactured, packed, distributed or sold or kept or offered for sale in
packaged form, and inspect or verify any weight or measure or the net contents, by weight,
measure or number, or any package, and may also examine any document or other record relating
thereto.
Section30. Power to search—
(1) Where the Controller has reason to believe that any weight or measure, liable to
be seized under this Act, or any document or thing in relation to any weight or
measure, will be, in his opinion, useful for or relevant to, any proceeding under
this Act, is secreted in any place, he may search or authorise any officer, not
below the rank of an Inspector, to search for and seize, such weight or measure,
document or thing, and the provisions of sections 100 and 102 of the Code of
Criminal Procedure, 1973 (2 of 1974), shall apply to every such search.
(2) Every authorization made by the Controller under sub-section (1) shall be deemed
to be a warrant referred to in section 93 of the Code of Criminal Procedure, 1973 (2
of 1974).
OFFENCES AND PENALTIES

OFFENCES PENALTIES
Imprisonment upto 6 months, or fine upto Rs.
Use of non-standard weights or measures, or
1000/- or both. For second or subsequent
numeration.
offence, imprisonment upto 2 years and also
Quotation, etc. in non-standard weights and
fine.
measures
Fine upto Rs. 2000/-. For the second or
Sale, etc. of un-verified weights and
subsequent offence, imprisonment for a term
measures.
upto 3-years and also fine.
Sale etc. of packaged goods not conforming
Fine upto Rs. 10,000/-. For the second or
to provisions of Sec. 39.
subsequent offence imprisonment upto 7
Contravention of any other provision of the
years and also fine.
Act.
Fine upto Rs. 5000/- . For second or
subsequent offence imprisonment upto 5
years and also fine.
Fine upto Rs. 2000/-
THE BUREAU OF INDIAN

STANDARDS(BIS)
The Bureau of Indian Standards (BIS) is the national Standards Body of India working
under the aegis of Ministry of Consumer Affairs, Food & Public Distribution,
Government of India.
It is established by the Bureau of Indian Standards Act, 1986 which came into effect on
23 December 1986.
The organisation was formerly the Indian Standards Institution (ISI), set up under the
Resolution of the Department of Industries and Supplies No. 1 Std.(4)/45, dated 3
September 1946. The ISI was registered under the Societies Registration Act, 1860.
A new Bureau of Indian standards (BIS) Act 2016 which was notified on 22 March
2016, has been brought into force with effect from 12 October 2017. The Act
establishes the Bureau of Indian Standards (BIS) as the National Standards Body of
India.
FSSAI has set certain guidelines for food safety research. The Research and
Development division is responsible for research with the following
objectives:
➢Generate new knowledge that would help in continuously updating and

upgrading food safety standards which are compatible with international
organizations.
➢Carry out evidence based studies for improving or building policies

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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

Semester: Ninth Semester

Name of the Subject: Socio-Economic Offence

FACULTY NAME: Mr. Sunil Kumar

Offences are divided into two broad categories:

Chanderprabhu Jain College of Higher Studies & School of Law

Objectives of the Act:

Chanderprabhu Jain College of Higher Studies & School of Law

POWER OF CENTRAL GOVERNMENT TO

SEIZURE AND CONFISCATION

OFFENCES (SECTION 10A AND

STANDARDS OF WEIGHT AND

Surveys and collection of statistics for facilitating planning and

Explanation II.— Where the movement of any such weight, measure or

Section 2(q) -“person” includes—(i) every department of office,

Section 2(r)-“premises” includes—

(i) a place where any business, industry, production or trade is carried on

Section 2(v)-“sale”, with its grammatical variations and cognate expressions,

Section 2 (z)-‘transaction” means—

Section 2(zb)-verification, with its grammatical variation and cognate

Section 2(zc) “weighing or measuring instrument” means any object, in-

Section 28 Appointment of Director and other staff.—

Inspectors of Weights and Measures

(i) where such weight or measure is—

Section30. Power to search—

OFFENCES AND PENALTIES

THE BUREAU OF INDIAN

➢Generate new knowledge that would help in continuously updating and

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