Chapter IX - Offences and Penalties
Section 65
Section 65: compensation for injury or death of a consumer
Section 65 allows the Adjudicating Officer or court to direct compensation where food manufactured, distributed, sold or imported by a person causes consumer injury or death.
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Need advice on Section 65?
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
(1) Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer or his death, it shall be lawful for the Adjudicating Officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum— (a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of grievous injury; and (c) not exceeding one lakh rupees, in all other cases of injury: Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident: Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident.
(2) Where any person is held guilty of an offence leading to grievous injury or death, the Adjudicating Officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the Adjudicating Officer or 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.
(3) The Adjudicating Officer or the court may also,— (a) order for cancellation of licence, re-call of food from market, forfeiture of establishment and property in case of grievous injury or death of consumer;
(b) issue prohibition orders in other cases.
Introduction
The Act sets a minimum of ₹5 lakh for death, ceilings of ₹3 lakh for grievous injury and ₹1 lakh for other injury, and requires payment at the earliest and no later than six months from the incident. In death cases it also calls for interim relief to next of kin within thirty days.
Separate subsections address publication of the offender's details following a relevant finding and possible licence cancellation, recall, forfeiture or prohibition orders. Each power has its own condition; it is not an automatic consequence of every complaint.
Key takeaways
Causation is central
The provision concerns an article of food causing injury or death, not a complaint without proven causal connection.
Different compensation bands
Death has a statutory minimum; grievous and other injury have separate ceilings. Do not flatten these into one fixed amount.
Time and additional orders
The section sets timing for compensation and death-case interim relief, and permits additional directions under its stated conditions.
Preserve the product and medical evidence
Identify the food, lot, purchase and consumption timeline, medical records, samples and distribution chain. Maintain evidence with documented custody.
Classify the alleged outcome
Distinguish death, grievous injury and other injury using the evidence and applicable legal standard before discussing the statutory amount.
Plan the statutory response
Assess interim relief and compensation timing if a direction is made; separately review recall, licence and prohibition risks under subsection (3).
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Escalate a serious food injury report immediately.
- Preserve samples, batch records and complaint chronology.
- Record safety actions and communications with the authority.
Avoid
- Do not assume the compensation amount before injury classification and causation review.
- Do not treat publication, recall or cancellation as automatic in every case.
Frequently asked questions
Does section 65 set one compensation amount for all injuries?
No. It distinguishes death, grievous injury and other injury with different statutory limits.
Can a recall be ordered?
Subsection (3) permits a recall order in specified serious cases; the statutory conditions and facts must be assessed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026