Chapter IX - Offences and Penalties
Section 58
Section 58: residual penalty for contraventions
Section 58 provides a penalty of up to ₹2 lakh for a contravention of the Act, rules or regulations only where Chapter IX does not separately provide a penalty for that contravention.
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Need advice on Section 58?
This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Whoever contravenes any provisions of this Act or the rules or regulations made thereunder, for the contravention of which no penalty has been separately provided in this Chapter, shall be liable to a penalty which may extend to two lakh rupees.
Introduction
This is a gap-filling penalty, not the default amount for every food-safety breach. The first question is whether a more specific Chapter IX penalty or punishment provision governs the conduct.
A business should analyse the underlying Act or regulatory requirement and the alleged facts before assuming Section 58 applies.
Key takeaways
Check for a specific provision first
Section 58 operates where no penalty has been separately provided in Chapter IX for the contravention.
It is an upper limit
The statutory wording is a penalty that may extend to ₹2 lakh; it does not state that every contravention automatically attracts ₹2 lakh.
Underlying duty still matters
The alleged breach must be of the Act, rules or regulations. Identify the operative provision and its date before assessing exposure.
Identify the breached requirement
Locate the precise Act section, rule or regulation said to be contravened and the facts proving its application to the food business.
Search Chapter IX for a specific consequence
Compare the conduct with the specific penalty and punishment sections, including unsafe food and unlicensed business where relevant. Section 58 is available only if no separate Chapter IX penalty is provided for the contravention.
Respond with the facts and corrective action
Preserve inspection records, products, batch and licence information, and records of remedial action. Obtain advice on the adjudication route and any available appeal for a formal penalty notice.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Check the current underlying provision and the specific Chapter IX penalties.
- Keep the notice, evidence and corrective-action record together.
Avoid
- Do not quote ₹2 lakh as a fixed penalty for every food-law failure.
- Do not use Section 58 when a separate penalty in Chapter IX addresses the same contravention.
Frequently asked questions
Is every FSSAI violation punished under Section 58?
No. It is the residual provision where Chapter IX has not separately provided a penalty for the contravention.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026