Section 21. Punishment for smoking in certain places
(1) Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.
(2) An offence under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974).
STATE AMENDMENT
Gujarat
Insertion of new section 21A in Act 34 of 2003. --In the principal Act, after section 21, the following section shall be inserted, namely:--
Punishment for running hookas bar.21A. ---Whoever contravenes the provisions of section 4A shall be punishable with imprisonment which may extend to three years but which shall not be less that one year and with fine which may extend to fifty thousand rupees but which shall not be less than twenty thousand rupees.
[Vide Gujarat Act 27 of 2017, s. 6.]
Maharashtra
Insertion of new section 21A in Act 34 of 2003.--After section 21 of the principal Act, the following section shall be inserted, namely:--
Punishment for running hookah bar.21A.--Whoever contravenes the provisions of section 4A, shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.
[Vide Maharashtra Act 60 of 2018, s. 6.]
Rajasthan
Insertion of new section 21A, Central Act No. 34 of 2003.-After the existing section 21 and before the existing section 22 of the principal Act, the following shall be inserted, namely:-
“21A. Punishment for running hookah bar.-Whoever contravenes the provisions of section 4A, Shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.”.
[Vide Rajasthan Act 1 of 2020, s. 6.]
Judgements applying section 21
The High Court at Bengaluru allowed a criminal petition under Sections 482 Cr.P.C. and 528 BNSS to quash proceedings in C.C. No. 3359/2023 pending before the Additional Civil Judge and JMFC, Devanahalli. The offences allegedly involved sections of the COTPA, IPC, and Karnataka Police Act.
AllowedOpenQuashing petition; Section 482 Cr.P.C.; COTPA Act 2003 Sections 4 and 21; cigarettes and other tobacco products; C.C.No.32869/2018; Crime No.23/2018 dated 25.01.2018; Tilaknagara Police Station Bengaluru; II ACMM Bengaluru City; trial court proceedings dropped during pendency; petition dismissed as infructuous;
DismissedOpenKarnataka High Court, Bengaluru; NC: 2026:KHC:14773; Crl.P. Nos. 2184, 2132, 2154, 2155, 2162, 2168, 2169, 2171, 2172, 2173, 2174 and 2216 of 2026; M. Nagaprasanna, J.; 12 March 2026; quashing of FIRs under Sections 4 and 21 of COTPA 2003; designated smoking area/zone; bar and restaurant Bengaluru; S.482 Cr.P.C.;
DisposedOpenQuash petition under Section 528 BNSS allowed; proceedings in C.C. No.3470 of 2025 (FIR No.77 of 2017, P.S. Chandrayangutta) against accused No.6, Sajid Ali Khan, for offences under Section 420 IPC and Sections 5, 6, 7 r/w 20(2), 22 and 24(1) COTPA quashed following Crl.P.No.5577 of 2023 dated 08.08.2024 (COTPA…
AllowedOpenQuashing of FIR; non-cognizable offence; investigation without Magistrate's permission; Section 155(2) Cr.P.C.; Section 174(2) BNSS 2023; Section 36 Karnataka Excise Act; Section 109 Karnataka Police Act; Sections 7 and 21 COTPA Act 2003; raid on bar and restaurant ('Lovers Night Bar and Restaurant'); S.J.
AllowedOpenAllahabad High Court, Saurabh Srivastava, J., order dated 7.4.2025, Application U/S 528 BNSS No. 11202 of 2025 (Mohd Afzal vs. State of U.P. and Another): quashing application regarding charge-sheet dated 25.09.2023 and summoning order dated 06.12.2023 in Sessions Case No. 371 of 2023 arising out of Case Crime No.
DisposedOpen
Show 4 more
Allahabad High Court, Saurabh Srivastava, J., order dated 7.4.2025, Application U/S 528 BNSS No. 11202 of 2025 (Mohd Afzal vs. State of U.P. and Another): quashing application regarding charge-sheet dated 25.09.2023 and summoning order dated 06.12.2023 in Sessions Case No. 371 of 2023 arising out of Case Crime No.
DisposedOpenQuashing of FIR/police-report prosecution; Section 188 IPC; Section 195 Cr.P.C. bar; written complaint by public servant lawfully empowered; Crl.P.No.10044/2022 followed; Shashikala K.S. v. State of Karnataka; Jeevanandham v. State (Madras HC); State of Haryana v. Bhajan Lal categories; COTPA Sections 4 and 21;
AllowedOpenT.V.THAMILSELVI, J. This Criminal Original Petition has been
DismissedOpenCHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 3773 OF 20 24 Manish Samaddar S/o Late Gopal Samaddar Aged About 32 Years R/o. J.M.Q-113, Ward No. 14, Bishrampur, District-Surajpur, Chhattisgarh. … Applicant Versus State of Chhattisgarh, Thr
DismissedOpen