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Chapter VII - Offences and Penalties

Section 93

Section 93: Vexatious search

The provision penalises the Director General or another officer exercising section 22 powers who knowingly searches or seizes without reasonable grounds.

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Need advice on Section 93?

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.

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Statutory text

Bare law

The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet— (a) searches, or causes to be searched any premises; or (b) seizes any record, register or other document or article, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.

Key takeaways

1

Statutory scope

The provision penalises the Director General or another officer exercising section 22 powers who knowingly searches or seizes without reasonable grounds.

2

Key limit

Knowledge of the absence of reasonable grounds is an express ingredient.

3

Practical response

Record the search authority, inventory seized items, preserve witnesses and request the statutory return or copies process.

Apply the statutory test

The contemporaneous record matters because the officer’s knowledge and the claimed grounds are fact-specific.

Prepare the response

Record the search authority, inventory seized items, preserve witnesses and request the statutory return or copies process.

A disputed or unsuccessful search alone does not prove the officer’s required knowledge.

Illustrative example

An officer searches a warehouse despite knowing the complaint refers to a different business. The operator records the warrant, inventory and contemporaneous objections.

Official sources

Practical checklist

Do

  • Record the search authority, inventory seized items, preserve witnesses and request the statutory return or copies process.
  • Keep dated records of the relevant goods, notices, decisions and official communications.

Avoid

  • A disputed or unsuccessful search alone does not prove the officer’s required knowledge.

Glossary

Vexatious search
A search or seizure knowingly undertaken without reasonable grounds under this section.

Frequently asked questions

Is a failed search necessarily vexatious?

No. The officer must know there are no reasonable grounds and nevertheless search or seize.

Which officers does section 93 cover?

It refers to the Director General or another officer exercising powers under section 22.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026