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Chapter IX - Offences and Penalties

Section 64

Section 64: punishment for a subsequent offence

Section 64 concerns a person convicted again of the same offence after a previous conviction under the FSS Act.

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Need advice on Section 64?

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.

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Statutory text

Bare law

If any person, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to— (i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence;

(ii) a further fine on daily basis which may extend up to one lakh rupees, where the offence is a continuing one; and (iii) his licence shall be cancelled.

(2) The Court may also cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.

Introduction

The provision requires both a prior conviction and a later conviction for the same punishable offence. It contemplates twice the first-conviction punishment, subject to the offence's maximum, a further daily fine up to ₹1 lakh for a continuing offence, and licence cancellation.

A prior notice or penalty allegation is not the same as a prior conviction. Check the exact offence, conviction record and whether conduct is continuing before applying this section.

Key takeaways

1

Same offence and convictions

The repeat-offence condition requires a previous conviction and a subsequent conviction of the same offence.

2

Multiple consequences

The statute addresses doubled punishment subject to the maximum, a possible continuing-offence daily fine and licence cancellation.

3

Not every repeat complaint qualifies

A complaint, inspection finding or different offence does not by itself meet the section's conviction test.

Verify the prior case

Locate the prior judgment, offence provision and conviction date; separate it from warnings or pending proceedings.

Compare the current charge

Confirm that the later conviction concerns the same offence and check the underlying provision's maximum punishment.

Assess continuing conduct and licence impact

If a daily fine is asserted, identify the continuing period and evidence. Plan for the licence-cancellation consequence if the statutory condition is met.

Official sources

Read the consolidated Act with the enacted and commenced amendments applicable to this section.

Practical checklist

Do

  • Maintain a register of confirmed convictions and corrective action.
  • Escalate a repeat allegation for specialist advice.
  • Check the exact offence before calculating exposure.

Avoid

  • Do not equate a prior notice with a conviction.
  • Do not state that doubling can exceed the underlying statutory maximum.

Frequently asked questions

Is a second inspection enough for section 64?

No. The provision refers to previous and subsequent convictions for the same offence.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 9 October 2026