Offences and Penalties

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Chapter: Forensic Pharmacy : The Drugs and Cosmetics Act (DCA) 1940 and Rules 1945

Offences and Penalties : (A) Manufacturing/Sale of drugs (B) Cosmetics


Offences and Penalties

(A) Manufacturing/Sale of drugs

1. Adulterated or spurious drugs with toxic substances:

A minimum of 5 years imprisonment which may extend upto life imprisonment and a fine of minimum Rs. 10,000/• for first conviction. For subsequent conviction, imprisonment upto 1°years and may extend to life or fine ofRs.20,OOO/• or both.

2. Adulterated drug formulation but not containing toxic substances or drug manufactured without license: Imprisonment from 1-3 years and fine of Rs. 5,000. The Court may, however, reduce the punishment, for first conviction. For subsequent conviction, imprisonment from 2-4 years and fine of Rs. 10,0001-. The Court may reduce the quantum punishment.

3. Any other contravention of Drugs and Cosmetics Act and rules: For first conviction, imprisonment from 1-2 years and fine. The court may reduce the punishment. For subsequent conviction, imprisonment for 2-4 years and fine of Rs. 5,000 or both.

4. For offence involving not disclosing the name of manufacturer or place, an imprisonment upto 3 years or fine of Rs. 1000 or both in first and subsequent convictions.

5. For an offence of not keeping records in order, imprisonment upto 3 years or fine of Rs.1000 or both.

6. Offence involving use of the report of Government analyst for advertising:- First conviction is punishable with fine upto Rs.500 - and for subsequent conviction, imprisonment upto 10 years or fine or both.

(B) Cosmetics

1. For spurious adulterated cosmetics, imprisonment upto 3 years and fine.

2. For not keeping records of cosmetics properly, imprisonment upto 3 years and fine upto Rs. 5,0001- for manufacturer and wholesalers.

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