Chapter IX - Offences and Penalties
Section 59
Section 59: punishment for unsafe food
Section 59 addresses unsafe food manufactured for sale, stored, sold, distributed or imported. Its punishment depends on the resulting harm. The no-injury tier was amended in 2023, so old bare-Act PDFs show outdated figures.
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Need advice on Section 59?
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
Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,–
(i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to three months and also with fine which may extend to three lakh rupees;
(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;
(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;
(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees.
Introduction
The section applies to a person acting directly or through another person on that person's behalf in the listed unsafe-food activities. It distinguishes no injury, non-grievous injury, grievous injury and death.
Jan Vishwas 2023 changed the no-injury tier to imprisonment up to three months and a fine up to ₹3 lakh. The 2026 Jan Vishwas schedule did not change Section 59; older PDFs that still say six months and ₹1 lakh for this tier are superseded.
Key takeaways
No injury tier changed in 2023
The current first tier permits imprisonment up to three months and a fine up to ₹3 lakh.
Harm changes the statutory tier
Non-grievous injury: up to one year and ₹3 lakh; grievous injury: up to six years and ₹5 lakh; death: at least seven years, potentially life, and a minimum ₹10 lakh fine.
Unsafe status is central
The article of food must be unsafe under the Act. Product testing, sampling and the applicable standards matter to the case.
Identify the conduct and unsafe-food issue
Determine whether the alleged conduct is manufacture for sale, storage, sale, distribution or import of an unsafe food article. Preserve product, lot, sample and chain-of-custody records.
Use the current harm tier
Distinguish no injury from non-grievous injury, grievous injury and death using the evidence. The imprisonment and fine ranges are not interchangeable between tiers; use the 2023-amended first tier.
Protect consumers while investigating
If affected food may remain on the market, assess Section 28 recall obligations immediately. Quarantine stock and cooperate with competent authorities while preserving a fair record of the facts.
Read the full enforcement framework
Section 59 is a punishment provision. Sampling, analysis, procedure, defences and adjudication or prosecution questions arise under other Act provisions; obtain case-specific legal advice rather than treating this guide as a sentencing prediction.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Use the amended no-injury tier, not the 2006 figure.
- Preserve samples, batch traceability and distribution records.
- Consider Section 28 recall duties when unsafe food may be in circulation.
Avoid
- Do not describe all unsafe-food cases as carrying the death-tier punishment.
- Do not rely on an unamended 2006 PDF for the no-injury amount.
Glossary
- Unsafe food
- Food meeting the Act's unsafe-food definition; establish it under the applicable statutory and product evidence.
- Harm tier
- The Section 59 consequence band based on no injury, non-grievous injury, grievous injury or death.
Frequently asked questions
Is the no-injury punishment still six months and ₹1 lakh?
No. The 2023 Jan Vishwas amendment substituted imprisonment up to three months and a fine up to ₹3 lakh for the no-injury tier.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026