Chapter VII - Offences and Penalties
Section 91
Section 91: Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods
This offence covers manufacturing for sale, storing, selling, distributing or importing spurious goods, personally or through another person.
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Need advice on Section 91?
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 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.
Key takeaways
Statutory scope
This offence covers manufacturing for sale, storing, selling, distributing or importing spurious goods, personally or through another person.
Key limit
The listed penalties require consumer injury; grievous hurt and death categories are cognizable and non-bailable.
Practical response
Authenticate suspected goods, isolate stock, preserve supplier and serial-number records, and document any consumer injury.
Apply the statutory test
Trace the questioned goods to the supplier and buyer, then connect any injury evidence to the actual goods supplied.
Prepare the response
Authenticate suspected goods, isolate stock, preserve supplier and serial-number records, and document any consumer injury.
A court may suspend a licence on first conviction or cancel it on a later conviction in addition to punishment.
Illustrative example
A retailer receives appliances bearing a falsified maker label. It isolates the units, keeps purchase records and checks whether a buyer was injured.
Official sources
Practical checklist
Do
- Authenticate suspected goods, isolate stock, preserve supplier and serial-number records, and document any consumer injury.
- Keep dated records of the relevant goods, notices, decisions and official communications.
Avoid
- A court may suspend a licence on first conviction or cancel it on a later conviction in addition to punishment.
Glossary
- Spurious goods
- Goods falsely claimed to be genuine under the Act’s definition in section 2.
Frequently asked questions
Does the Act punish every suspected fake item under this section?
The section lists punishment where spurious goods cause the specified injury, grievous hurt or death; first establish the goods and injury facts.
Which offences are cognizable and non-bailable?
Subsection (2) names the grievous-hurt and death categories.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026