Central

Section 7 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019

Punishment for contravention of section 4.

Whoever contravenes the provisions of section 4, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.

Summary

For a first offense, the punishment is jail time up to one year, or a fine up to one lakh rupees (which is one hundred thousand rupees), or both.
For any second or subsequent offense, the punishment is jail time up to three years and a fine up to five lakh rupees (which is five hundred thousand rupees).
The law applies to both direct and indirect violations of the ban on electronic cigarettes.

Practical examples

1On August 15, 2024, Ramesh Kumar was caught selling five electronic cigarettes from his small grocery shop in New Delhi. Since it was his first time violating the law, a court sentenced him under Section 7 to a fine of twenty thousand rupees.

2On November 10, 2025, Priya Sharma was arrested for importing a batch of fifty electronic cigarettes from abroad. Because she had already been convicted of a similar offense under Section 7 in 2024, the court sentenced her to two years of imprisonment and a fine of three lakh rupees.

3On January 5, 2026, an advertising agency run by Anil Mehta published a banner on a popular social media platform promoting an electronic cigarette brand. This was the agency's first offense, so the owner was sentenced to pay a fine of fifty thousand rupees.

FAQ

1. How does the punishment change if a person is convicted a second time under this Act?

For a second or subsequent offense, the punishment increases to imprisonment for up to three years and a fine up to five lakh rupees.

Test yourself

1.Under Section 7 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 a first-time contravention of Section 4?

2.Under Section 7 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 first-time violation of Section 4?

3.Under Section 7 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is the maximum imprisonment for a second or subsequent conviction of an offense under Section 4?

4.Under Section 7 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what fine is specified for a second or subsequent conviction of violating Section 4?

5.Under Section 7 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which of the following acts prohibited under Section 4 triggers the punishment described in Section 7?

6.Under Section 7 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, how are the jail term and fine combined for a second or subsequent offense under Section 4?

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