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Chapter X - Adjudication and Food Safety Appellate Tribunal

Section 79

Section 79: Magistrate’s power to impose enhanced punishment

An ordinary court may impose an Act-authorised sentence despite the usual magistrate limit, subject to section 79’s six-year exception.

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Need advice on Section 79?

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

Notwithstanding anything contained in section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), it shall be lawful for the court of ordinary jurisdiction to pass any sentence authorised by this Act, except a sentence of imprisonment for a term exceeding six years in excess of his powers under the said section.

Key takeaways

1

Core rule

An ordinary court may impose an Act-authorised sentence despite the usual magistrate limit, subject to section 79’s six-year exception.

2

Practical check

Compare the proposed sentence with the FSS Act offence provision and the express six-year limit in this section.

Scope and operation

The section now refers to section 23 of the Bharatiya Nagarik Suraksha Sanhita rather than the earlier criminal-procedure code.

Applying the section

Compare the proposed sentence with the FSS Act offence provision and the express six-year limit in this section.

Official sources

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

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Last updated 10 October 2026