Last updated: February 11, 2024
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer, but simply imposes penalties on persons who contravene the provisions of the law. Article 34(3) (as amended) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed one year for anyone contravening the provisions requiring health warnings on tobacco products and statements of the tar and nicotine content in each tobacco product. The law also generally provides for seizure and detention of tobacco products relating to a violation of the law.
The law also does not provide for corrective action except for seizure of tobacco products. Further, the law does not explicitly provide a mechanism for the application of fines in a graded fashion, but simply states that the fine may extend to 50,000 rupees and/or imprisonment not to exceed one year. The law does not address the possibility for repeat offenses.
To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
Importer
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Article 34(3) (as amended) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed one year for anyone contravening the provisions requiring health warnings on tobacco products and statements of the tar and nicotine content in each tobacco product. The law also generally provides for seizure and detention of tobacco products relating to a violation of the law.
The law also does not provide for corrective action except for seizure of tobacco products. Further, the law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 50,000 rupees and/or imprisonment not to exceed one year. The law does not address the possibility for repeat offenses.
To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
Wholesaler
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Article 34(3) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed one year for anyone contravening the provisions requiring health warnings on tobacco products and statements of the tar and nicotine content in each tobacco product. The law also generally provides for seizure and detention of tobacco products relating to a violation of the law.
The law also does not provide for corrective action except for seizure of tobacco products. Further, the law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 50,000 rupees and/or imprisonment not to exceed one year. The law does not address the possibility for repeat offenses.
To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
Retailer
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer but simply imposes penalties on persons who contravene the provisions of the law. Article 34(3) provides for a fine not to exceed 50,000 rupees and/or imprisonment not to exceed one year for anyone contravening the provisions requiring health warnings on tobacco products and statements of the tar and nicotine content in each tobacco product. The law also generally provides for seizure and detention of tobacco products relating to a violation of the law.
The law also does not provide for corrective action except for seizure of tobacco products. Further, the law does not explicitly provide a mechanism for the application of fines in a graded fashion but simply states that the fine may extend to 50,000 rupees and/or imprisonment not to exceed one year. The law does not address the possibility for repeat offenses.
To better align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.
