Chapter VII - Offences and Penalties
Section 88
Section 88: failure to comply with a CCPA direction
Section 88 provides punishment for failing to comply with a Central Consumer Protection Authority direction under section 20 or 21.
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Need advice on Section 88?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Whoever, fails to comply with any direction of the Central Authority under sections 20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with both.
Introduction
The provision is tied specifically to directions under the recall/withdrawal and misleading-advertisement powers. It allows imprisonment up to six months, a fine up to ₹20 lakh, or both; the statutory maxima are not automatic outcomes.
A business should distinguish an investigation or proposed order from an operative direction, then document its response to the exact requirements and deadlines.
Key takeaways
Only specified directions
Section 88 refers to non-compliance with directions under sections 20 and 21.
Criminal consequence
The statutory punishment can be up to six months' imprisonment, a fine up to ₹20 lakh, or both.
Scope and timing matter
Assess what the direction required, when it took effect and what steps were taken to comply.
Read the operative direction
Identify the issuing authority, section cited, product or advertisement covered, required actions and deadline.
Build an execution record
Assign owners for withdrawal, recall, reimbursement or ad modification and retain proof that each action happened by the required date.
Address disputes through the proper route
If scope or legality is disputed, obtain advice on available statutory remedies promptly. Do not silently ignore the direction while the question is unresolved.
Hypothetical example
A business receives a CCPA direction under section 20 with a deadline for corrective action. It records service of the order, completes the directed steps, and retains proof of compliance to address any section 88 allegation.
Official sources
Practical checklist
Do
- Keep the signed order and its service date.
- Document every compliance action and communication.
- Escalate missed deadlines immediately.
Avoid
- Do not assume a draft notice is identical to a final direction.
- Do not leave a section 20 or 21 direction unassigned internally.
Frequently asked questions
Does section 88 cover every consumer complaint?
No. It concerns failure to comply with directions under sections 20 and 21.
Does any disputed CCPA communication trigger section 88?
No. The offence concerns non-compliance with a direction of the Central Authority under sections 20 or 21; identify the operative direction and what compliance required.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026