The short and sweet answer to your question is, No, e-cigarettes are not legal in India. In fact, the Indian government actually banned e-cigarettes or vapes back in 2019. Well, if you want to know more like why’s that the case, then keep on reading.
So, Why In Particular Are E-Cigarettes Banned in India?
The Indian government put the brakes on the use of e-cigarettes back in 2019, with the passing of the Prohibition of Electronic Cigarettes Act, did you know that already? Well, that’s because there were a lot of things wrong with how these things were marketed in India unlike the real cigarettes, and that was the reason for this ban. The manufacturing, selling, importing, exporting, transporting, storing, or labeling of e-cigarettes is completely off-limits in India as per this law.
So, strictly speaking, how does the law define an e-cigarette? To put it simply, the Act defines it as any device that heats a substance to create a vapor for inhalation that includes nicotine, flavors, or even either. Having said that, even though vapes do not have any nicotine in it, the e-cigarette is still banned. The law also regulates similar devices such as electronic nicotine devices (ENDS), heat-not-burn devices, and e-hookahs.
Now, the most possible question you might have is whether you can have such a smoking device at least for personal use, is it? Unfortunately, it’s negative. It was expressly stated by the Ministry of Health that unauthorized manufacture, import, export, sale, distribution, and promotion of e-cigarettes is illegal in India. That is, in a nutshell, you cannot use e-cigarettes or any such devices as it is banned in the country.
What Happens If You Break the Rules?
Not following the Prohibition of Electronic Cigarettes Act could lead to hefty penalties that is what we are pretty certain of. For example, let’s say if you are found making, selling, importing, or advertising e-cigarettes, a year of imprisonment, a fine of up to ₹1 lakh, or both could be imposed if let’s say it is your first offense. Though, in case you breach the law a second time, three years of imprisonment and a fine of up to ₹5 lakh will be imposed on you.
But what if you are found with an e-cigarette in India, maybe just for personal use, what then? Well, in that case, you could be imprisoned for six months, be fined up to ₹50,000, or both if you’ve been caught, well, red-handed, you know?
Why the Big Ban? Health Concerns Are a Major Factor
The very first thing is that in most parts of the world, these so-called e-cigarettes or vapes are marketed as a healthy alternative to regular cigarettes, but that’s not particularly true at all. The thing is, these vapes and e-cigarettes are way too new of a product, and we don’t have any studies conducted on the harmful effects that they can cause in the long term. That’s the reason why so many nations around the globe have banned these items.
