Chapter VII - Offences and Penalties
Section 90
Section 90: Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant
This offence applies to manufacturing for sale, storing, selling, distributing or importing a product containing an adulterant, directly or through another person.
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Need advice on Section 90?
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
(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).
Key takeaways
Statutory scope
This offence applies to manufacturing for sale, storing, selling, distributing or importing a product containing an adulterant, directly or through another person.
Key limit
The punishment scale turns on whether the consumer suffers no injury, other injury, grievous hurt or death; the last two categories are cognizable and non-bailable.
Practical response
Quarantine the lot, trace its ingredients and distribution, preserve test records, and assess injury and recall duties with counsel.
Apply the statutory test
Examine the product composition, the unsafe material, the route to sale and medical evidence separately.
Prepare the response
Quarantine the lot, trace its ingredients and distribution, preserve test records, and assess injury and recall duties with counsel.
The court may suspend a licence on first conviction and cancel it on a later conviction; the text does not make cancellation automatic.
Illustrative example
A distributor discovers that a batch contains an unsafe contaminant. It stops dispatch, traces buyers and retains samples while the authorities determine whether an injury occurred.
Official sources
Practical checklist
Do
- Quarantine the lot, trace its ingredients and distribution, preserve test records, and assess injury and recall duties with counsel.
- Keep dated records of the relevant goods, notices, decisions and official communications.
Avoid
- The court may suspend a licence on first conviction and cancel it on a later conviction; the text does not make cancellation automatic.
Glossary
- Adulterant
- Material, including extraneous matter, used to make a product unsafe.
Frequently asked questions
How does the injury change the offence?
The four tiers in subsection (1) progress from no injury to death; the statutory maximum or minimum depends on the proved tier.
Is the licence automatically cancelled?
No. Subsection (3) gives the court a discretionary suspension power on first conviction and cancellation power on a later one.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026