Introduction
India has completely banned electronic cigarettes, including vapes and similar products. The Prohibition of Electronic Cigarettes Act, 2019 (PECA Act) imposes this ban. It covers the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of e-cigarettes. The government introduced this law to protect public health and prevent youth addiction. The ban is absolute and applies across India.
Import and Transport Prohibited by Law
Under Section 4 of the PECA Act, the law clearly bans the import and transport of vapes. This includes refillable vapes, disposable e-cigarettes, heat-not-burn products, e-hookahs, and related components. The ban applies to both commercial imports and individual possession during travel. Authorities strictly enforce the rule. If travelers bring these items through airports, they face confiscation and legal penalties.
Legal Scope Covers All Users
The law does not limit its reach to sellers or manufacturers. It applies to every individual and business. Even bringing a vape into India for personal use is illegal. Security agencies at airports often seize such items. In many cases, travelers also face questioning and fines. The government treats all vape-related imports and transport as violations.
Penalties for Import and Transport
The Act imposes strict penalties. For a first offence, violators can face up to one year of imprisonment or a fine up to ₹1 lakh, or both. For repeat offences, punishment increases to three years in prison and a fine up to ₹5 lakh. These penalties aim to stop the entry and spread of vapes in the Indian market.
Storage and Sale Also Banned
Besides import and transport, the law also bans the storage, sale, and distribution of vapes. Storing e-cigarettes even without selling, can lead to six months in jail or a fine up to ₹50,000, or both. Police can arrest without a warrant, as these are cognisable offences. Both individuals and companies are liable under the law.
Possession Not Clearly Defined, Still Risky
The Act does not explicitly ban personal possession. However, in practice, authorities treat possession with suspicion. Many travelers have reported confiscation of vapes at Indian airports. Officials sometimes interpret possession as intent to store or transport. To avoid legal trouble, it is best to avoid carrying any vape products into India.
Landmark Delhi HC Stay on ENDS Ban (2019)
The Delhi High Court, in M/S Focus Brands Trading v. DGHS & Ors. (March 18, 2019), stayed a customs circular restricting import, manufacture, sale, and distribution of ENDS (including e-cigarettes and e-sheesha). The court ruled that these products did not fall under the Drugs and Cosmetics Act and therefore customs overreach required reconsideration.
Bombay HC Grants Bail in High‑Value Import Case (July 2024)
Bombay High Court granted pre-arrest bail to a customs broker accused of importing over ₹5.6 crore worth of e-cigarettes. The court noted weak evidence against him and emphasised protecting personal liberty over custodial interrogation .
Delhi Court Grants Bail in Smuggling Case (Oct 2024)
A Delhi court granted bail to a man charged with smuggling e-cigarettes, reaffirming that bail is the norm while jail remains the exception. The judge ruled that the accused’s continued custody was unnecessary after confiscation.
Major Seizure in Surat (June 2025)
Authorities in Surat recently arrested a tattoo artist and his accomplice after seizing e-cigarettes worth ₹1.07 crore. Police linked the banned items to supply networks in upscale areas. The duo now face charges under the Prohibition of Electronic Cigarettes Act, 2019.
Conclusion
India has imposed a complete legal ban on the import and transport of vapes. Section 4 of the PECA Act clearly prohibits these activities. Violators face heavy fines and possible imprisonment. The government enforces the law strictly at all entry points, including airports. Travelers and residents should not attempt to bring vapes into the country, even for personal use. Staying informed and compliant with this law helps you avoid legal issues and supports India’s public health policies.
