Compliance Pulse – Part 5 | BIS Enforcement in Action: What Happens When You Miss the Deadline?

In the previous articles of the Compliance Pulse series, we covered the framework of BIS certification, sectoral Quality Control Orders (QCOs), and the strategic steps required for businesses to stay compliant.

However, there is a growing trend we now must address — active enforcement.

Over the last 12 months, Indian authorities have moved from policy notification to on-ground implementation. Customs officers, BIS surveillance teams, and sectoral regulators are no longer tolerating delays or excuses.

This article focuses on what enforcement actually looks like, and why businesses that treat BIS compliance as “paperwork” often face far more serious consequences than they anticipated.

Enforcement Has Entered a New Phase

BIS enforcement is now driven by:

• Increased inter-agency coordination between BIS, Customs, DGFT, and nodal ministries

• Port-level detentions for non-marked or uncertified products

• Show Cause Notices (SCNs) for goods sold without proper licensing

• Market surveillance raids, especially in retail, B2B distribution, and e-commerce

In short, enforcement is no longer limited to manufacturers. Importers, distributors, and brand owners are equally liable under the BIS Act, 2016.

What Are the Real Risks of Non-Compliance?

1. Detention at Port

Customs has denied clearance to several consignments lacking valid BIS registration or the prescribed Standard Mark. This results in demurrage, financial loss, and potential cancellation of orders.

2. Seizure and Prosecution

BIS has seized non-compliant products in market raids across Delhi NCR, Maharashtra, and Tamil Nadu. In some cases, proceedings under Section 29 of the BIS Act have been initiated.

3. Reputational Damage

BIS regularly publishes lists of defaulting entities. Large retail chains and OEMs are now blacklisting suppliers who fail to meet certification obligations.

4. Delayed Time-to-Market

Even where the intention to comply exists, lack of preparedness can delay BIS approval by months — especially if test labs are at capacity or documents are rejected.

Case Insight: A Missed Deadline, A Stalled Supply Chain

We recently engaged with an overseas electronics brand that had shipped five containers of regulated goods to India under the assumption that their BIS application “was in process.”

Upon arrival, the goods were detained. The absence of a registration number and BIS label triggered a Show Cause Notice from Customs. The certification was eventually granted — but only after 6 weeks, multiple representations, and significant financial loss.

The lesson? Intent to comply is not enough — timely execution is key.

Enforcement Is Not Uniform — It’s Selective and Targeted

One of the challenges is unpredictability. Some ports may clear goods with a warning; others may detain immediately. Some market inspectors may seize, while others issue directions.

But the regulatory position remains consistent: If the QCO is in force, non-compliance is prosecutable.

How TaxTru Supports Clients During Enforcement Situations

At TaxTru Business Advisors LLP, we do more than prepare applications. We assist clients with:

• Pre-shipment checks and marking audits

• Representation before Customs/BIS in case of detention or SCNs

• Remediation of non-compliance through corrective applications

• Legal guidance on BIS Act provisions, penalties, and compounding

• Real-time updates on enforcement trends, port-specific practices, and sectoral QCO timelines

Whether you’re navigating a crisis or preparing to avoid one, our team provides end-to-end assistance grounded in law, practice, and policy.

Final Word

BIS compliance is no longer a silent obligation—it is a gatekeeper of your market access.

For businesses operating in or entering India, certification must be treated with the same priority as product development, logistics, or sales. Regulatory enforcement is here — and it’s only getting sharper.

If you have upcoming shipments, uncertain SKUs, or need support navigating BIS enforcement — let’s address it now, not when the goods are already at port.

📩 navjot@taxtru.in

📞 +91 9953357935

💬 Connect with me here on LinkedIn

Coming up in Part 6 of the Compliance Pulse Series: Sector-Specific BIS Compliance – Deep Dive into Electronics, Machinery, and Chemicals.