Consumer Protection Act Section 93 — Vexatious search
CHAPTER VII OFFENCES AND PENALTIES
Civil
Punishment
Imprisonment up to 1 year, or fine up to ₹10,000, or both
As the section puts it: “shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both”
Summary
This section deals with a situation where the Director General or another officer, who has powers under section 22, carries out a search or seizure without any reasonable basis. The key point is that the officer must know there are no reasonable grounds for the action.
Under clause (a), if the officer searches, or causes any premises to be searched, knowing there are no reasonable grounds for doing so, that action is treated as an offence.
Under clause (b), if the officer seizes any record, register, document, or article, also knowing there are no reasonable grounds for the seizure, that action is treated as an offence.
For every such offence, the punishment is imprisonment for a term that may extend up to one year, or a fine that may extend up to ten thousand rupees, or both.
Official Text
The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched any premises; or
(b) seizes any record, register or other document or article, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
Sections referred to
Related Judgments
- Reserved on : 16th August, 2010.; Date of Decision:30th August, 2010 vs STATE — Delhi High Court (2010)
- through its constituted Attorney pankaj Gupta vs . state decided on 30th — Delhi High Court (2010)
- V. S. KUTIAN PILLAI vs RAMAKRISHNAN & ANR — Supreme Court of India (1979)
