Consumer Protection Act Section 90 — Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant
CHAPTER VII OFFENCES AND PENALTIES
Civil
Summary
Sub-section (1) sets out the punishment for anyone who, either directly or through another person on their behalf, manufactures for sale, stores, sells, distributes, or imports any product that contains an adulterant. The punishment depends on the outcome of that act.
Under clause (a) of sub-section (1), if the act does not result in any injury to the consumer, the punishment is imprisonment for up to six months and a fine of up to one lakh rupees.
Under clause (b) of sub-section (1), if the act causes injury to the consumer that does not amount to grievous hurt, the punishment is imprisonment for up to one year and a fine of up to three lakh rupees.
Under clause (c) of sub-section (1), if the act causes injury that results in grievous hurt to the consumer, the punishment is imprisonment for up to seven years and a fine of up to five lakh rupees.
Under clause (d) of sub-section (1), if the act results in the death of a consumer, the punishment is imprisonment for a term of not less than seven years, which may extend to imprisonment for life, and a fine of not less than ten lakh rupees.
Sub-section (2) states that the offences covered under clauses (c) and (d) of sub-section (1) are cognizable and non-bailable.
Sub-section (3) provides that, in addition to the punishment under sub-section (1), the court may, in the case of a first conviction, suspend any licence issued to the person under any law for a period of up to two years. In the case of a second or subsequent conviction, the court may cancel the licence.
The Explanation defines two terms for this section. Clause (a) of the Explanation states that "adulterant" means any material, including extraneous matter, which is used for making a product unsafe. Clause (b) of the Explanation states that "grievous hurt" has the same meaning as given in section 320 of the Indian Penal Code.
Official Text
(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—
(a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees;
(b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;
(c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; and
(d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees.
(2) The offences under clauses
(c) and
(d) of sub-section (1) shall be cognizable and non-bailable.
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence.
Explanation.—For the purposes of this section,—
(a) "adulterant" means any material including extraneous matter which is employed or used for making a product unsafe;
(b) "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860).