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Is it legal to post advertisement inside a commercial vehicle in India?

2 min read

Technically, there is no specific law which discuss whole of the advertisement part under one statute. Like we have Companies Act for laws related to Company, Factories Act for factory, Transfer of Property Act for Property, Contract Act for contract etc. we don’t have Advertisement Act as such in India which discuss all the aspects of advertisement policies governing advertisements in India.

In the absence of one specific law this domain is governed by various laws of India such as –

Cable Television Network Act; Copyright Act, 1957; Drugs and Magic Remedies Act, 1954; Drugs and Cosmetics Act, 1940; Emblem and Names Act, 1950; Indecent Representation of Women Act, 1986; Patents Act, 1970; Prasar Bharti Act, 1990; Trademark Act, 1999 and so on.

Further to this, there are various professionals who are not allowed to advertise about themselves such as advocates, chartered accountants and doctors etc.

When you will read laws of India which discuss the subject matter of advertisement they majorly talks about advertisement done through boards, hoardings, banners, pamphlets, print media, broadcast media etc. and these all are somewhat outdoor or outgoing in nature. It has never differentiated in between inside and outside.

Then what does it mean? Whether an advertisement done inside a commercial vehicle is permissible or not?

Well at many times in Indian laws a word has been connoted to give meaning of both the nature which is not there as per the dictionary. Such as in law he and she has been considered as same. You will find laws written as he shall be considered as she also for all purposes and vice versa.

So based on this logic laws written for the outside advertisement is also applicable on advertisement done inside. It doesn’t matter whether it has been advertised inside a commercial vehicle, or in a mall at a specific stall which carries logos and mark of some organisation, or at your dining table in a restaurant where you can nowadays find pamphlets of Zomato, Foodpanda etc.

So by the same logic if an outside advertisement is permissible so will be the case for an advertisement done inside in any premises. All you have to insure is that you are not in violation of other laws which are applicable on this sector.