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Karan Singh
| Updated: 30 Mar, 2022 | Category: Drug License

Penalties Under Drugs and Cosmetics Act 1940 – An Overview

Penalties Under Drugs and Cosmetics 1940

In 1937, in the Central Legislative Assembly, a bill was announced to give effect to the recommendations or suggestions of the Drugs Enquiry Committee to control the imports of drugs into British India. This important bill was referred to the Select Committee & the Committee expressed the view that a more inclusive measure for the uniform control of distribution & manufacture of drugs as well as of imports was desirable. The Central Government gave advice to the Provisional Governments to ask the Provisional Legislature to pass resolutions allowing the Central Legislature to pass an Act for regulating such matters concerning to control of drugs as fall within the Provisional sphere. Provisional Governments got the resolution passed and sent them to the Central Government for getting g through the bill. Thereupon the Drugs and Cosmetic Bill was first introduced in the Central Legislative Assembly. However, there are some penalties under Drugs and Cosmetics Act, 1940. Scroll down to check penalties under Drugs and Cosmetics Act.

Penalties under Drugs and Cosmetics Act

  • Penalties under Drugs and Cosmetic Act for Sale, manufacture of drugs: Whoever, himself or by any other individual on their behalf, manufacture for sale or for distribution, or sells, or stocks or exhibits or offers for sale/distributes:
  • Any drug considered to be adulterated under Section 17 A or spurious under Section 17 B or which when used by any individual for or in the treatment diagnosis, mitigation, or prevention of any disorder or disease is likely to cause their death or is likely to cause such damage on their body as would amount to significant hurt within the Section 320 of the IPC exclusively  on account of such drug being spurious/adulterated or not of standard quality, as the instance may be, shall be punishable with imprisonment for a term which shall not be less than 10 years buy which may be extended to life imprisonment and shall also be accountable to fine which is not less than Rs. 10 lakhs or 3 times value of the drugs confiscated, whichever is more:

Further, where the use of the false or adulterated drugs referred to in this Clause has caused the death of an individual or person who used such drugs, the fine imposed on & realised from the individual convicted under this Clause shall be paid to the relative of the individual who had died due to the use of false or adulterated drugs referred to in the Clause.

  • Any drug considered to be adulterated under Section 17 A, but not being a drug referred to in Clause (a), or without a valid license as needed under Clause (c) of Section 18 [1] , shall be punishable with imprisonment, which shall not be less than 1 year but which may further extend to 3 years and with fine of not less than Rs. 5000. Also, provided that the court may, for any sufficient and special reasons to be recorded in the judgement, charge a sentence of imprisonment for a term of less than 1 year and of a fine of less than Rs. 5000.
  • Any drug considered to be adulterated/spurious under Section 17B, but not being a drug mentioned in Clause (a) shall be punishable with imprisonment, which shall not be less than 3 years but which may further extend to 5 years along with the fine of not less than Rs 5000. Also, provided that the court may, for any sufficient and special reasons to be recorded in the judgement, charge a sentence of imprisonment for a term of less than 3 years but not less than 1 year.
  • Any drug other than a drug mentioned in Clause (a), (b), or (c), in contravention of any other provision of this Chapter/any rule made thereunder, shall be punishable with imprisonment or jail for a term which shall not be less than 1 year but which may extend to 2 years along with fine.
  • Penalties Under Drugs and Cosmetics Act for sale, manufacture, etc., of cosmetics: Whoever himself or by any other individual on their behalf manufacturers for sale or sells or for distribution, or stocks or exhibits or offers for sale:
  • Any cosmetic considered to be false or adulterated under Section 17D or under Section 17 E shall be punishable with imprisonment for a term which may extend to 3 years along with a fine which is not less than Rs. 50,000 or 3 times to value of cosmetics confiscated, whichever is more;
  • Any cosmetic other than the cosmetics mentioned in Clause (i) in contravention of any provisions or any rule made thereunder shall be liable for imprisonment for a term which may further extend to 1 year/with a fine which may extend to Rs. 20,000 or with both.
  • Penalties Under Drugs and Cosmetics Act for Non-Disclosure of the Manufacturer Name: Whoever breaches the provisions of Section 18A or 24 shall be punishable with imprisonment for a term which may be extended to 1 year or with a fine which is not less than Rs. 20,000 or with both.
  • Penalties Under Drugs and Cosmetics Act for not keeping documents and for non-disclosure of information: Whoever, without reasonable excuse/cause, breaks the provision of Section 18B shall be punishable for imprisonment, which may be extended to one year or with fine may be extended to Rs. 1000 or both.
  • Penalties Under Drugs and Cosmetics Act for the use of Government Analyst’s Report for Advertising: Whoever uses any report of analysis made by a Government Analyst or by the Central Drugs Laboratory, or any extract from such report, for the objective of advertising any drug, or shall be punishable with a fine which may be further extended to Rs. 5,000.

Conclusion

Without prejudice to any other provision, if the Government is satisfied that the use of any drug/cosmetic is likely to involve any risk to animals or humans or that any drug doesn’t have the therapeutic value claimed or purported to be claimed for it or included ingredients & in such amount for which there is no justification & that in the public interest it’s vital to do, then, the Government may, by notification in the Official Gazette, prohibit the sale, distribution, or manufacture of such drug or cosmetic.

Read our Article:Import License of Drugs and Cosmetics in India

Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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