BIS Bureau of Indian Standards Act 2016: Key Provisions Every Manufacturer Must Know

BIS Bureau of Indian Standards Act 2016: Key Provisions Every Manufacturer Must Know

BIS Bureau of Indian Standards Act 2016: Key Provisions Every Manufacturer Must Know

The Bureau of Indian Standards Act 2016 replaced the old BIS Act 1986 with stronger enforcement powers and broader scope. Every manufacturer and importer of regulated products in India must understand the key provisions.

What Changed from BIS Act 1986 to BIS Act 2016

  • Expanded scope: BIS's mandate extended beyond goods to include services and systems
  • Higher penalties: Substantially higher fines and prison terms for violations
  • Product recall powers: BIS can now require product recalls
  • Compounding provisions: Section 35 allows first-time offenders to settle without trial
  • Online certification: Statutory backing for electronic application and certification processes

Key Offences and Penalties Under BIS Act 2016

Section 17: Mandatory Certification Violation

Manufacturing, importing, or selling products that require mandatory BIS certification without a valid BIS licence:

  • First offence: Fine of Rs 2 lakh minimum, up to 10× the value of the goods
  • Subsequent offence: Imprisonment up to 2 years + fine

Section 18: Misuse of BIS Mark

Using the BIS logo, ISI mark, or any deceptively similar mark without a valid licence — counterfeiting:

  • Fine of Rs 5 lakh or 10× goods value (whichever is higher)
  • Imprisonment up to 2 years
  • These penalties apply even for first offence — counterfeiting is treated more seriously

Section 19: Misuse of Standard Mark in Advertisement

Claiming BIS certification or Indian Standard compliance in advertising without a valid licence:

  • Fine up to Rs 5 lakh
  • Continued violation: additional fine per day of violation

BIS Enforcement Powers

The BIS Act 2016 gives authorized BIS officers powers to:

  • Enter premises and inspect documents and products
  • Seize non-compliant goods
  • Draw samples for testing
  • Issue stop-sale orders
  • Require product recall

Corporate Liability

When a company commits an offence under the BIS Act, the "person in charge of the company" — typically directors and senior officers — can be personally held liable unless they can prove the offence was committed without their knowledge and with due diligence on their part. This creates personal liability for directors of non-compliant companies.

Practical Compliance Strategy

The best protection against BIS Act liability is genuine compliance — obtain certifications before market entry, maintain them current, and monitor for new QCOs affecting your products.