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Smoking in public places like restaurants, public transport, or places of education is illegal in India. It’s okay to smoke in completely open spaces like roads, and also in private places like your own house.

Smoking

This explainer discusses smoking in public places and laws on selling tobacco products. It primarily deals with the law laid out in the Cigarettes and Other Tobacco Products Act (COTPA), 2003.

Duties of Educational Institutes
Cigarettes and Tobacco Products
Smoking in a Public Place
Selling Cigarettes
Advertisement of Tobacco Products
Legal Age For Smoking
Responsibilities of Owners of Public Places
Smoking Rooms
Packaging and Warning Labels on Tobacco Products
E-Cigarettes
Appeal Against Smoking Violations

FAQs

Can police officers seize cigarette or other tobacco products?

Yes, the officers of following ranks may seize tobacco products if they believe that the relevant law is being violated(( Section 13(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

A police officer, at least at the rank of a sub-inspector
An officer of State Food or Drug Administration
An other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

However, they may not hold the tobacco products for more than 90 days without the approval of the District Judge.(( Section 13(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Can officers enter and search my shop where I sell cigarettes/other tobacco products?

Yes, the officers of following ranks may enter and search a shop selling cigarettes/other tobacco products if they believe that the relevant law is being violated(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

A police officer, at least at the rank of a sub-inspector
An officer of State Food or Drug Administration
Any other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

The following places may be searched(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

Where the advertisement of cigarettes and tobacco products is made.
Where the trade of cigarettes and tobacco products is carried out

Is it illegal if movies and TV shows show actors smoking on-screen?

It is illegal for TV shows and movies to show a character or actor smoking cigarettes or consuming tobacco products on screen. This does not apply to old or foreign movies/TV shows.(( Section 2(a), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)) When display of use of tobacco products is required, it should be explained to the Central Board of Film Certification. Additionally, the following safeguards must be present(( Section 2(b), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)):

Anti-tobacco health messages, of at least 30 seconds, should be played at the beginning and middle of the videos.
An audiovisual disclaimer of at least 20 seconds, on the ill-effects of tobacco. It will be played in the beginning and middle of the video.
While the scene in which a person is consuming tobacco is playing, a warning will be displayed.
No close-ups of the packages will be allowed, and no brands will be displayed.

What has the government done to discourage use of tobacco?

The Ministry of Health & Family Welfare has launched an anti-smoking project, called the m-cessation programme. It uses mobile technology to encourage people to quit tobacco use. Additionally, the website has simple tips for managing cravings, formulating a quitting plan, etc. It has an exclusive email ID for the purpose of sending emails for promotion of the program as well as to inform people at large regarding the ill effects of tobacco use at regular intervals. A helpline number has been launched (011-22901701) which will register you with the program. You can also register by providing basic details (mobile number and email address) here.

Can the Court order confiscation of cigarettes/other tobacco products?

The Court can order the confiscation of any package of cigarettes or other tobacco products.(( Section 14, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)) However, in certain cases, instead of the confiscation, the Court may allow you to pay the costs of the goods seized(( Section 15(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)). In this case, the products will be returned to you. However, you must ensure you follow all the laws before you sell or distribute the products.(( Section 15(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Do I have to put warning labels on the cigarettes/other tobacco products I am exporting?

You do not have to put warning labels on the cigarettes/other tobacco products you are exporting. This is because the law(( The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) on tobacco products in India does not apply to any tobacco products that are being exported. However, all exported products must comply with requirements of the foreign country.(( Section 32, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))