As per the rules / guidelines under the Legal Metrology Act, 2009, weights and measures are required to be re-verified after certain specific intervals of time (which appears to be 12 months for weights and measures and for electronic scales) to maintain their accuracy. So, if you have not got such reverification done, it may be a violation of the legal provisions and may entail penalty.
Moreover, tampering with or alteration in any weights and measures is also punishable under the said Act, though it refers to a deliberate alteration and not unintentional malfunctioning.
So, if you have not made any deliberate alteration in the electronic scale, then you may take that defence with evidence. But, if such scale has not been reverified after specified interval, as required under rules, then also it may be liable for penalty even if the malfunction was not intentional.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
