Section 6. Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area
No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product--
(a) to any person who is under eighteen years of age, and
(b) in an area within a radius of one hundred yards of any educational institution.
How courts have applied section 6
- Section 6(b) offences are often charged alongside BNS provisions for possession or transport of tobacco products.1,2,3,4
- Bail was granted where the accused had no prior bad antecedents, even with substantial recovery quantities.1,3
- Bail was refused where the accused had multiple previous similar cases or continued offending despite prior liberty.2,4
- Writ petitions against police interference with proposed hookah service were dismissed as premature without established business and specific permission.5,6
- A State Food Authority lacks power to ban tobacco products as they are regulated by the COTP Act, not treated as food under FSSA.7
- Absence of evidence of sale to a minor does not warrant quashing when recovery witnesses are cited to prove seizure.8
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The judgements here are mostly bail orders and a few writ petitions arising from police action against the possession, transport, or proposed service of tobacco products, with Section 6(b) (sale within a hundred yards of an educational institution) and Section 6(a) (sale to a minor) often read together with offences under the Bharatiya Nyaya Sanhita and the Juvenile Justice Act. In bail cases, courts most often decided based on the quantity of tobacco recovered, the accused's criminal antecedents, the period of incarceration, and the stage of investigation. Bail was granted where the accused had no previous cases despite significant recovery, or where previous cases were dissimilar and the accused had been granted bail in them. Bail was refused where the accused had multiple similar previous cases, where custodial interrogation was deemed necessary, or where investigation was at a primitive stage requiring tracing the source of a huge quantity.9,10,1,11,2,3,12,4,13,14
Courts in these orders also treated the absence of evidence that tobacco was sold to a child (for Section 77 JJ Act) as not fatal to the prosecution where seizure witnesses could prove the recovery. In one quashing matter, proceedings were quashed where the issue was squarely covered by a prior order of the same court in a similar case. In writ petitions concerning proposed hookah service, courts dismissed them as premature where the business was not yet established and no permission from the concerned authority had been obtained, noting that a general trade licence did not confer permission to serve hookah and that amendments in other states had prohibited hookah bars. One court held that the power to ban tobacco products like gutka belongs to the Central Government under the COTP Act, not the State Food Authority under the FSSA.8,15,5,16,6,7
In bail matters under Section 483 BNSS, courts imposed conditions such as bonds with sureties, daily police reporting, deposits, and restrictions on tampering with evidence or absconding. In pre-arrest bail matters, courts applied guidelines from precedents to hold that no exceptional circumstances existed for such relief. One disposal was at the admission stage without notice to the respondent, declining to quash proceedings.9,10,3,13,8
By court
Outcomes
Judgements applying section 6
The Madurai Bench acquitted the petitioner in a bail petition filed regarding offences under the Cigarettes and other Tobacco Products Act and Juvenile Justice Act, granting bail subject to monetary deposits and reporting conditions.
AllowedOpenThe Madurai Bench of the Madras High Court granted bail to the sole accused, Minnarasi, charged with offences under Section 123 of BNS and the Tobacco Products Act. Accused was released on bond with sureties and strict reporting conditions.
AllowedOpenQuash 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…
AllowedOpenBail granted - Crl.OP(MD)No.15533 of 2026, Madurai Bench of Madras High Court (K. Rajasekar, J., 28.07.2026): Petitioner Mahendran, arrested and remanded on 18.07.2026 in Crime No.299 of 2026 of Thevaram Police Station, Theni District, for offences under S.123 BNS and Ss.6(b) & 24(1) of COTP Act, 2003 arising out of…
AllowedOpenBail application under Sec.483 BNSS dismissed by Madurai Bench of Madras High Court (K. Rajasekar, J.) on 03.07.2026 in CRL OP(MD). No.13262 of 2026. Sole accused in Crime No.203 of 2026 for offences under S.123 BNS 2023 and Ss.6(b) & 24(1) COTPA 2003;
DismissedOpenTelangana High Court (Single Judge, N.V. Shravan Kumar J., 29-08-2025), W.P. No. 25596 of 2025 — hookah lounge prematurity; flavoured hookah; writ of mandamus against police interference refused; COTP Act 2003 (COTPA) Sections 3(b)(k)(n), 4, 4A, 6, 7, 11, 12, 13 discussed;
DismissedOpen
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A cafe sought protection against police interference with its flavoured hookah business. The court noted COTP Act provisions on tobacco products, labelling and seizure requirements, and disposed of the petition in terms of earlier orders, leaving authorities to decide any representation for permission according to law.
DisposedOpenPremature writ petition (Article 226) by hookah cafe dismissed - Telangana HC; flavoured hookah; YAARA Cafe / Yaraa Group of Hotels, Nanakramguda (Cyberabad police respondents); COTP Act Sections 3(b)(k)(n), 4, 4A, 6, 7, 11, 12, 13; Gujarat and Maharashtra Section 4A hookah-bar prohibitions noted as guide;
DismissedOpenAccused challenged a Magistrate's order refiled committing their case to Sessions on the ground that Section 77 JJ Act offence is sessions-triable; the High Court found reasons were recorded under Section 323 Cr.P.C. and dismissed.
DismissedOpenThe High Court of Kerala dismissed an application for pre-arrest bail under Section 438 CrPC, finding that custodial interrogation was necessary and that no exceptional circumstances existed to warrant the extraordinary relief of anticipatory bail.
DismissedOpenBail application filed by the second accused in an N-DS Act and COTPA case alleging joint possession of seized ganja and tobacco products for sale. The High Court rejected the plea due to the primary stage of investigation and the need to trace the source of the huge quantity of contraband, dismissing the appeal…
DismissedOpenIn this batch of writ petitions, the High Court held that the State Government lacked jurisdiction to ban Gutka/Pan Masala containing tobacco under the Food Safety and Standard Act, 2006.
AllowedOpen
Bail granted. High Court of Judicature at Madras (C. Kumarappan J.; order dated 28-07-2026) in CRL OP No. 20229 of 2026, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, enlarges petitioners Ravi and Magesh (Accused 1 and 2) on bail in Crime No.73 of 2026 (Sub Inspector of Police, Desur Police…
AllowedOpenMadras High Court (C. Kumarappan, J., dated 13-07-2026) dismissed CRL OP No. 17985 of 2026, an anticipatory bail application under Section 482 of BNSS in Crime No.62 of 2026 for offences under Sections 275 and 123 of BNS 2023 and Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 (illegal…
DismissedOpenRegular bail granted — Madras High Court, Crl.O.P.No.17745 of 2026, order dated 09.07.2026, C.Kumarappan J. Offences: Sections 6(b) and 24(1), Cigarettes and Other Tobacco Products Act, 2003 r/w Section 123, Bharatiya Nyaya Sanhita, 2023; Crime No.218 of 2026, Udayarpalayam PS, Ariyalur District;
AllowedOpenQuashing petition under Section 528 BNSS; S.C.No.128 of 2025, IInd Additional District Judge, Ariyalur; raid 16.06.2022; seizure of 795 packets of hans tobacco weighing 20 grams each; final report dated 11.07.2022; Sections 272, 273, 328 IPC; Sections 6(a), 24(1) COTPA;
DisposedOpenCriminal Original Petition (Madurai Bench, Madras High Court) bail granted; petitioner Suresh; Crime No.304 of 2026, Nanguneri Police Station, Tirunelveli District;
AllowedOpenPirthouse @ Perthouse Vs State Of Tamilnadu Rep By Inspector Of Police, Ponnamaravathi
Outcome: AllowedMadras High Court Madurai Bench; Crl.O.P.(MD)No.12309 of 2026; P. Dhanabal J.; 25.06.2026; bail granted Section 483 BNSS; BNS Sections 275, 123; Cigarette and other Tobacco Act Sections 6(a), 24(1); Section 269 BNS fresh FIR on absconding; Crime No.138 of 2026 Ponnamavarathy Police Station Pudukkottai;
AllowedOpen
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Tarik Hussain @ Thareek Usain Vs The State Of Tamilnadu Rep By The Inspector Of Police, Gudalur South
Outcome: AllowedMadras High Court, Madurai Bench (Criminal Jurisdiction); CRL OP(MD) No.10982 of 2026; decided 12/06/2026 by P. Dhanabal, J. Anticipatory bail under Sec.482 BNSS for Tarik Hussain @ Thareek Usain (A1) in Crime No.151 of 2026, Gudalur South Police Station, Theni District;
AllowedOpenMadras High Court; C.Kumarappan, J.; CRL OP No. 14864 of 2026; bail pending investigation; Section 483 B.N.S.S.; Sections 123, 275 B.N.S.; Sections 6(b), 24(1) Cigarettes and other Tobacco Products Act, 2003; Crime No.133 of 2026; Ramanatham Police Station, Cuddalore District; banned tobacco products;
AllowedOpenMadras High Court (C.Kumarappan, J., 12-06-2026) allowed CRL OP No. 14872 of 2026 under S.483 BNSS granting bail in Crime No.149 of 2026 (Rathinapuri Police Station, Coimbatore) for alleged offences under S.123 BNS and Ss.6(b), 24(1) COTPA 2003 arising from recovery of banned tobacco products during a vehicle check…
DismissedOpenAnticipatory bail - S.482 BNSS, 2023 - Petitioner apprehending arrest in Crime No.62 of 2026 on the file of Sandavasal Police Station, Thiruvannamalai District, for alleged offences under Sections 275 and 123 of BNS, 2023 and Sections 6(b) and 24(1) of the Cigarettes and other Tobacco Products Act, 2003 (illegal…
DismissedOpen
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