Central

Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019

Whoever contravenes the provisions of section 5, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.

Summary

Under Section 5, owners, occupiers, or controllers of any place must not knowingly allow their place to be used to store electronic cigarettes.
A person who violates Section 5 will face a jail term of up to six months, or a fine of up to fifty thousand rupees, or both.
This punishment specifically applies to the storage of stock, rather than the active business activities like manufacturing or selling which are covered under other sections.

Practical examples

1On December 12, 2024, Vikram Singh knowingly allowed his empty garage in Mumbai to be used by a local distributor to store five hundred electronic cigarettes. Under Section 8, Vikram was prosecuted and sentenced to a fine of fifteen thousand rupees for permitting his place to be used for storage.

2On May 20, 2025, Meera Patel, who runs a warehouse in Chennai, knowingly kept several boxes of electronic cigarettes in her facility. Since she was in control of the place and knew about the stock, she was sentenced to three months in prison under Section 8.

FAQ

1. What is the maximum prison sentence for storing electronic cigarettes under Section 8?

The maximum prison sentence is six months.

2. What is the highest fine that can be charged for storing electronic cigarettes under Section 8?

The maximum fine is fifty thousand rupees.

Test yourself

Q1.Under Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is the maximum term of imprisonment for storing electronic cigarettes in violation of Section 5?

Q2.Under Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is the maximum fine for a violation of Section 5?

Q3.Under Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, who can be punished for storing electronic cigarettes in violation of Section 5?

Q4.Under Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, how does the punishment for storage compare to the punishment for manufacturing under Section 7?

Q5.Under Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which of the following is a possible sentence for a first-time storage offense under Section 5?

Q6.Under Section 8 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, does the law provide a separate, increased penalty for a second or subsequent offense of storing electronic cigarettes?

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