COURTKUTCHEHRY SPECIAL ON VAPING LAWS
Vaping Ban in India: Supreme Law, Parliament Controversy, and What Citizens Must Know
Prohibition of Electronic Cigarettes Act makes vaping illegal nationwide
Punishments include jail and fines for offenders under India’s strict anti-vaping law
By Our Legal Reporter
New Delhi: December 17, 2025:
The recent uproar in Parliament, where Union Minister Anurag Thakur demanded action against a TMC MP allegedly caught vaping inside the House, has reignited public debate on vaping laws in India. While vaping is often marketed globally as a “safer alternative” to smoking, India has taken one of the toughest stances against it. Since 2019, vaping has been completely banned under the Prohibition of Electronic Cigarettes Act (PECA).
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This article explains the legal framework, punishments, and enforcement realities surrounding vaping in India, and why the government continues to treat it as a serious public health issue.
What the law says: Prohibition of Electronic Cigarettes Act, 2019
The PECA 2019 is the central law that governs vaping in India. Its key provisions include:
- Total ban: Covers production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of e‑cigarettes.
- Definition: E‑cigarettes are defined as electronic devices that heat nicotine or other substances to create vapor for inhalation.
- No exceptions: Unlike some countries that regulate vaping, India imposes a blanket ban.
The law was passed after concerns that vaping was becoming popular among youth, with flavoured liquids and sleek devices marketed as lifestyle products.
Punishments under the law
PECA prescribes strict penalties:
- First-time offenders: Up to 1 year imprisonment or a fine up to ₹1 lakh, or both.
- Repeat offenders: Up to 3 years imprisonment or a fine up to ₹5 lakh, or both.
- Storage of e‑cigarettes: Punishable with up to 6 months imprisonment or a fine up to ₹50,000, or both.
These punishments apply to anyone caught manufacturing, selling, or even storing vaping devices.
Why India banned vaping
The government cited several reasons for the ban:
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- Youth addiction: Flavoured e‑liquids were attracting teenagers and college students.
- Health risks: WHO and Indian medical bodies warned of nicotine addiction and lung damage.
- Gateway to smoking: Studies suggested vaping could lead to traditional cigarette use.
- Public health policy: India already has strict tobacco control laws under COTPA (Cigarettes and Other Tobacco Products Act, 2003), and vaping was seen as undermining them.
Enforcement and controversies
- Parliament incident: The vaping controversy involving a TMC MP highlights how even lawmakers are under scrutiny.
- Airport seizures: Customs officials have repeatedly seized imported vaping devices.
- Retail crackdowns: Police raids have targeted shops selling e‑cigarettes illegally.
- Grey market: Despite the ban, online and underground sales continue, raising enforcement challenges.
Court rulings and precedents
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While no major Supreme Court ruling has overturned PECA, courts have consistently upheld the government’s right to regulate public health. In related tobacco cases, the judiciary has emphasized that citizen health outweighs commercial interests. This principle underpins the vaping ban as well.
What citizens should know
- Possession is risky: Even storing vaping devices can attract penalties.
- No legal sale: Buying or selling e‑cigarettes is illegal nationwide.
- Seek alternatives: Those trying to quit smoking should use medically approved methods, not vaping.
- Report violations: Citizens can report illegal sales to local police or health authorities.
Conclusion
India’s stance on vaping is clear: it is banned outright under PECA 2019. The recent Parliament controversy shows that enforcement applies to everyone, from ordinary citizens to lawmakers. With punishments including jail and heavy fines, the law aims to protect public health and prevent youth addiction.
For citizens, the message is simple: avoid vaping devices altogether. Those caught violating the law face serious consequences, and enforcement is only expected to tighten further.
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