Consumer Protection Act Section 91 — Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods
CHAPTER VII OFFENCES AND PENALTIES
Civil
Summary
Sub-section (1) states that if a person, either directly or through someone acting on their behalf, manufactures for sale, stores, sells, distributes, or imports spurious goods, they will be punished. The punishment depends on the outcome of that act.
Under clause (a) of sub-section (1), if the act causes injury to a 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 (b) of sub-section (1), if the act causes injury resulting in grievous hurt to a consumer, the punishment is imprisonment for up to seven years and a fine of up to five lakh rupees.
Under clause (c) 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 (b) and (c) of sub-section (1) are cognizable and non-bailable.
Sub-section (3) states that, in addition to the punishment under sub-section (1), the court may, on a first conviction, suspend any licence issued to the person under any law for the time being in force, for a period of up to two years. On a second or subsequent conviction, the court may cancel the licence.
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 spurious goods shall be punished, if such act—
(a) 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;
(b) 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;
(c) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees.
(2) The offences under clauses
(b) and
(c) 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.