Chapter VII - Offences and Penalties
Section 92
Section 92: Cognizance of offence by court
A competent court can take cognizance of a section 88 or 89 offence only on a complaint by the Central Authority or its authorised officer.
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Need advice on Section 92?
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
No cognizance shall be taken by a competent court of any offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this behalf.
Key takeaways
Statutory scope
A competent court can take cognizance of a section 88 or 89 offence only on a complaint by the Central Authority or its authorised officer.
Key limit
The special filing gate is limited to sections 88 and 89.
Practical response
On receiving an allegation, identify the provision, obtain the CCPA complaint or officer authorisation, and preserve the enforcement record.
Apply the statutory test
Identify the exact charged section and the signatory authority before assessing a criminal complaint.
Prepare the response
On receiving an allegation, identify the provision, obtain the CCPA complaint or officer authorisation, and preserve the enforcement record.
This filing rule does not itself determine whether the alleged advertisement was false.
Illustrative example
A rival sends a private letter alleging a misleading advertisement under section 89. The business checks whether a competent CCPA complaint has actually been filed.
Official sources
Practical checklist
Do
- On receiving an allegation, identify the provision, obtain the CCPA complaint or officer authorisation, and preserve the enforcement record.
- Keep dated records of the relevant goods, notices, decisions and official communications.
Avoid
- This filing rule does not itself determine whether the alleged advertisement was false.
Glossary
- Cognizance
- The court’s formal taking notice of an alleged offence for judicial proceedings.
Frequently asked questions
Can any private complainant initiate a section 89 prosecution?
This section requires a complaint by the Central Authority or an officer it has authorised before a competent court takes cognizance.
Does the same filing gate cover section 90?
No. The express reference here is only to sections 88 and 89.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026