Theme: Smoking

Can police officers seize cigarette or other tobacco products?

Yes, the officers of following ranks may seize tobacco products if they believe that the relevant law is being violated(( Section 13(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • A police officer, at least at the rank of a sub-inspector
  • An officer of State Food or Drug Administration
  • An other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

However, they may not hold the tobacco products for more than 90 days without the approval of the District Judge.(( Section 13(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Can officers enter and search my shop where I sell cigarettes/other tobacco products?

Yes, the officers of following ranks may enter and search a shop selling cigarettes/other tobacco products if they believe that the relevant law is being violated(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • A police officer, at least at the rank of a sub-inspector
  • An officer of State Food or Drug Administration
  • Any other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

The following places may be searched(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • Where the advertisement of cigarettes and tobacco products is made.
  • Where the trade of cigarettes and tobacco products is carried out

Is it illegal if movies and TV shows show actors smoking on-screen?

It is illegal for TV shows and movies to show a character or actor smoking cigarettes or consuming tobacco products on screen. This does not apply to old or foreign movies/TV shows.(( Section 2(a), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)) When display of use of tobacco products is required, it should be explained to the Central Board of Film Certification. Additionally, the following safeguards must be present(( Section 2(b), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)):

  • Anti-tobacco health messages, of at least 30 seconds, should be played at the beginning and middle of the videos.
  • An audiovisual disclaimer of at least 20 seconds, on the ill-effects of tobacco. It will be played in the beginning and middle of the video.
  • While the scene in which a person is consuming tobacco is playing, a warning will be displayed.
  • No close-ups of the packages will be allowed, and no brands will be displayed.

What has the government done to discourage use of tobacco?

The Ministry of Health & Family Welfare has launched an anti-smoking project, called the m-cessation programme. It uses mobile technology to encourage people to quit tobacco use. Additionally, the website has simple tips for managing cravings, formulating a quitting plan, etc.

It has an exclusive email ID for the purpose of sending emails for promotion of the program as well as to inform people at large regarding the ill effects of tobacco use at regular intervals.

A helpline number has been launched (011-22901701) which will register you with the program. You can also register by providing basic details (mobile number and email address) here.

Can the Court order confiscation of cigarettes/other tobacco products?

The Court can order the confiscation of any package of cigarettes or other tobacco products.(( Section 14, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)) However, in certain cases, instead of the confiscation, the Court may allow you to pay the costs of the goods seized(( Section 15(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)).

In this case, the products will be returned to you. However, you must ensure you follow all the laws before you sell or distribute the products.(( Section 15(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Do I have to put warning labels on the cigarettes/other tobacco products I am exporting?

You do not have to put warning labels on the cigarettes/other tobacco products you are exporting. This is because the law(( The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) on tobacco products in India does not apply to any tobacco products that are being exported. However, all exported products must comply with requirements of the foreign country.(( Section 32, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Duties of Educational Institutes

The owner/manager of an education institute must ensure that a board is displayed at a conspicuous place outside the institute, which states the following:1

  • The sale of cigarettes and other tobacco products is strictly prohibited within 100 yards of the institute. The distance measured radially from the outer boundary of the institute.
  • The punishment2 is a fine of Rs. 200. 

Punishment

You cannot sell tobacco products within 100 yards of an educational institute. The punishment is a fine of Rs. 200.3

  1. Section 3, the Cigarettes and Other Tobacco Products (Display of Board by Educational Institutions) Rules, 2009.[ [↩]
  2. Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  3. Section 24, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Cigarettes and Tobacco Products

Under the law, tobacco products refer to1 products like:

  • Cigarettes
  • Cigars
  • Cheroots (a cigar which is open on both ends)
  • Beedis
  • Chewing Tobacco
  • Snuff
  • Cigarette tobacco, pipe tobacco and hookah tobacco
  • Pan masala
  • Gutka
  • Tooth Powder containing Tobacco

A cigarette is a roll of tobacco wrapped in paper or in any other material. However, under the law beedis, cheroots and cigars are tobacco products, not cigarettes2.

Indian law, governs the production, sale, distribution, consumption of advertisement of cigarettes and tobacco products. For example, smoking in a public place is not allowed, as is sale to a minor person and advertisement of tobacco products.

  1. Schedule I, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 3(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Smoking in a Public Place

Places you cannot smoke

Smoking in public buildings like a restaurant, theatres, healthcare institutions or public transport is a crime. If you are caught smoking in a public place, a police officer can detain you. The punishment is a maximum fine of Rs. 200.

Places you can smoke

Open Spaces

You can smoke in completely open spaces like roads or parks. However, it is still illegal to smoke in public places like bus stops, railway stations or open auditoriums.

Smoking Areas

You can smoke in designated smoking areas. Under this law, hotels (with more than 30 rooms), airports, or restaurants (which can seat more than 30 people) can create a separate smoking area where smokers can smoke.

 

Selling Cigarettes

There are some prohibitions and restrictions when it comes to selling cigarettes. It is illegal1 to:

  • sell cigarettes or tobacco products to people under 18
  • sell cigarettes or tobacco products within 100 yards of any educational institution

If you are caught selling cigarettes to minors (under 18), a police officer can detain you and take you to the Magistrate in 24 hours.  You will be punished with jail time up to seven years and a fine up to one lakh rupees.

  1. ​​Section 77, Juvenile Justice Act; Section 6, The Cigarettes and Other Tobacco Products Act, 2003. [↩]

Advertisement of Tobacco Products

Under the law, it is illegal1 for you to advertise2, through any medium (including visual, auditory, etc.), any cigarettes or other tobacco products. You cannot authorize advertisement of tobacco products for money.

Prohibition of Advertisement

Specifically, the following activities are illegal3:

  • Display or permit the display of, in any manner, an advertisement of any tobacco product.
  • Sell or permit the sale of, in any manner, any film/video which advertises any tobacco product.
  • Distribute or permit the distribution of, in any manner, any leaflet or similar material which advertises any tobacco product.4
  • Exhibit, in any manner, on any structure, land or vehicle the advertisement of any tobacco product.
  • Promotion of any brand name of cigarettes or any tobacco products in exchange for money, gifts, etc.5

Permission for Advertisements

The advertisement of tobacco products is permitted with respect to4

  • A package containing cigarettes and other tobacco products.
  • A shop/warehouse where cigarettes and other tobacco products are offered for distribution or sale.

However, certain specifications must be followed while advertising tobacco products at shops/warehouses where such products are sold. Some of these are6:

  • The board used to advertise must not be bigger than 60 cm by 45 cm.
  • The board must feature one of the following warnings at the top, measuring 20 cm by 15 cm:
    • Tobacco causes cancer, or
    • Tobacco kills
  • No promotion of any specific brand can be done.

Punishment for Advertisement

If you violate any of the rules described here, the punishment is jail time of up to 2 years and/or a fine of up to Rs. 1000. However, on every subsequent offence, the punishment is jail time of up to 5 years and a fine of up to Rs. 5,0007.

  1. Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 3(a), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  3. Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  4. Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩] [↩]
  5. Section 5(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  6. Section 2(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2006. [↩]
  7. Section 22, the Cigarettes and Other Tobacco Products Act, 2003. [↩]

Legal Age For Smoking

The legal age for smoking is 18 years. It is illegal for1 anyone to sell, in any way, cigarettes or any other tobacco products to anyone below 18 years of age, or within 100 yards of an educational institute.

Duties of Sellers

If you are selling cigarettes or other tobacco products, you must ensure the following2:

  • The person purchasing the product(s) is above 18 years of age. To ascertain this, you may ask for evidence, such as an ID proof, etc.
  • Tobacco product is not sold through vending machines
  • The products are displayed so that easy access to them is not possible
  • No product is handled or sold by any person below 18 years of age
  • A board is displayed at the place where such products are being sold that states “Sale of tobacco products to a person under the age of eighteen years is a punishable offence”, among other specifications.3

Punishment

You cannot sell tobacco products to a person below 18 years of age. The punishment is a fine of Rs. 200.4

 

  1. Section 6, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 2, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Amendment Rules, 2011. [↩]
  3. Annexure I, Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Amendment Rules, 2011. [↩]
  4. Section 24, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Responsibilities of Owners of Public Places

Under the law, it is the responsibility of the owners/managers of public places, such workplaces, shopping malls, etc., to ensure no one smokes in that public place1. Specifically, the owner of the public place must ensure that:

  • A board is displayed2 at all entrances, floors, stairwells and conspicuous places that clearly states “No Smoking – Smoking Here Is An Offence”. The kind of board required has certain specifications3. For example, it must be 60 cm by 30 cm, with a white background. This should also include a depiction of a cigarette/bidi and a cross mark over it.
  • No ashtrays, lighters, or any other object that aids smoking is provided in the public place4.
  • The name of the person to whom a complaint may be made for a violation of these rules is displayed prominently in a public place5

If the owner/manager of the public place ignores the reported violation, this means that the owner of the public place will be bound to pay the cumulative fine that equals the number of offences committed.6

  1. Section 3(1)(a), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  2. Section 3(1)(b), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  3. Schedule II, the prohibition of Smoking in Public Places Rules, 2008. [↩]
  4. Section 3(1)(c), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  5. Section 3(2), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  6. Section 3(3), the Prohibition of Smoking in Public Places Rules, 2008. [↩]

Smoking Rooms

Under the law, certain public places, such as airports, workplaces, etc., may have a room for smoking any tobacco product within their premises. These smoking rooms must abide by the following specifications1:

  • The room is physically separate and walled on all four sides
  • The entrance must have an automatically closing door
  • Has negative air pressure (a technique often used to prevent cross-contamination between rooms) when compared with the rest of the building
  • Has an airflow system. This must allow the air to flow outside and not mix with other parts of the building, among other specifications2
  • A board should be displayed at the entrance of at least 60 cm × 30 cm which states (in English and one Indian language) that “tobacco smoking is harmful to your health and the health of non-smokers” and the “entry of persons below the age of eighteen years is prohibited.”3

In addition, depending on the kind of establishment, more rules may apply for the smoking area. For example, for airports and restaurants with capacity to seat at least 30 persons, the smoking room cannot be at the entrance or the exit.4

 

  1. Section 2(e), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  2. Schedule I, the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  3. Section 2, the Prohibition of Smoking in Public Places (Amendment) Rules, 2017. [↩]
  4. Section 4(2), the Prohibition of Smoking in Public Places Rules, 2008. [↩]

Packaging and Warning Labels on Tobacco Products

Packaging of Tobacco Products

Under the law, every package of cigarettes, or any other tobacco product, must contain the following details1:

  • Name of the product
  • Name and address of the manufacturer, importer or packer
  • Origin of the product (in case of import)
  • Quantity of the product
  • Date of manufacture

More details may be added to this list by the government from time to time.

Warning Labels on Tobacco Products

It is mandatory for every package of cigarettes, or any other tobacco product, has a health warning2. Such a warning must follow certain specifications, such as:

  • For both smoking and smokeless forms of tobacco products, the warning “TOBACCO CAUSES PAINFUL DEATH” and the words “QUIT TODAY CALL 1800-11-2356” should be printed on the package3. This is enforceable from September, 2020.
  • The warning should cover at least 85 percent of the largest side of the package, 60 percent being the picture and 25 percent being the text.4
  • The ill-effects of tobacco on health are pictorially represented below the warning. For example, a picture of mouth cancer5
  • The warning should appear in English, Hindi and any other regional languages.6

Selling Tobacco without Warning Label

If you produce or sell tobacco products without the required warnings, you may be punished in the following manner:

  • In case of production, you may face jail time of up to 2 years and/or a fine of up to Rs. 5,000 on the first offence. On every subsequent offence, you may face jail time of up to 5 years and a fine of Rs. 10,000.7
  • In case of sale, you may face jail time of up to 1 year, and/or a fine of up to Rs.1,000, on the first offence. On every subsequent offence, you may face jail time of up to 2 years and a fine of up to Rs. 3,000.8

 

  1. Section a(iv), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014. [↩]
  2. Section 3(a), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008. [↩]
  3. Section b(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020. [↩]
  4. Section 2(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014. [↩]
  5. Schedule 1(2), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008. [↩]
  6. Section b(iii), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020. [↩]
  7. Section 20(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  8. Section 20(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

E-Cigarettes

An electronic cigarette, or e-cigarette, refers to an electronic device that heats any substance (regardless of whether it has nicotine or any flavour) to create an aerosol that can be inhaled.

E-cigarettes used to be unregulated in India till 2019. However, they were later declared illegal.

Under the law, the following is banned:

Production/manufacture of e-cigarettes

It is illegal for you to produce or manufacture e-cigarettes1. If you do not follow this, the punishment is jail time of up to 1 year and/or a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.2

Import/export/transport of e-cigarettes

It is illegal for you to export, import or transport e-cigarettes3 If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.4

Sale/distribution of e-cigarettes

It is illegal for you to sell or distribute e-cigarettes1. If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.2

Advertisement of e-cigarettes

It is illegal for you to advertise e-cigarettes1. If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.2

Storage of e-cigarettes

You may not allow any of your property to be used for storage of e-cigarettes. If any property that you own is being used as storage of e-cigarettes, you must make a list of the stock. Thereafter, you must submit it to the nearest police station to a police officer who is at least a sub-inspector5. If you do not follow this, the punishment is jail time of up to 6 months and/or a fine of up to Rs. 50,000.6

Read more on cigarettes and tobacco products here.

 

  1. Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩] [↩] [↩]
  2. Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩] [↩] [↩]
  3. Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 [↩]
  4. Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩]
  5. Section 5, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩]
  6. Section 8, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩]

Appeal Against Smoking Violations

If you violate any of the rules under the law1 on cigarettes and tobacco products, you may face punishment in terms of being imprisoned, paying fines, etc.

Decision by the Court

The appellate court will take into account additional evidence, if any and give an opportunity to hear you out. Then the Court will pass a decision, a decision which is final. This means that you can appeal only once under this law.2

Appeal

You can also appeal the decision given by the court3. Please note that the fine amount cannot be increased during appeal unless you have been heard in person or by a representative defending you.4

 

  1. The Cigarettes and Other Tobacco Products Act, 2003. [↩]
  2. Section 19(3), the Cigarettes and Other Tobacco Products Act, 2003. [↩]
  3. Section 19(1), the Cigarettes and Other Tobacco Products Act, 2003. [↩]
  4. Section 19(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]