• Mr. Mir Adil Rashid

Offences and Penalties under Consumer Protection Act, 2019

Introduction

Under the 2019 act Criminal sections have been imposed on a number of offences. The offences include Manufacturing/ selling/ importing or distributing fake/ spurious goods and products with adulterated content.


Chapter VII (Sections 88-93) of the Act provides for offences and Penalties.


Section 88: Penalty for non-compliance of the direction of Central Authority

Failure to comply with the order of Central Consumer Protection Authority under section 20 and Section 21 of the act. Such a person shall be punished with imprisonment up to six months or fine which may extend to 20,00,000 or both.


Section 89: Punishment for false or misleading advertisement

A complaint can be filed by the central consumer protection Authority or any officer authorised by it on this behalf. Any manufacturer or service provider who causes misleading advertisement shall be punished with imprisonment which may extend to five years and with fine which may extend to fifty lakh rupees. And for subsequent offences imprisonment upto 5 years and fine which may extend to 50,00,000.


Section 90: Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant

  1. Section 90(1)(a) - Manufacture for sale or storing, selling or distributing or importing products containing adulterant but does not result in an injury to the consumer with imprisonment upto six months and fine upto one lakh rupees.

  2. Section 90(1)(b) - Manufacture for sale or storing, selling or distributing or importing products containing adulterant causing injury but not grievous hurt to the consumer with imprisonment up 1 year and fine which may extend to 3,00,000.

  3. Section 90(1)(c) - Manufacture for sale or storing, selling or distributing or importing products containing adulterant causing injury resulting in grievous hurt to the consumer with imprisonment which may extend to 7 years and fine which may extend to 5,00,000 and such an offence must be non-bailable and cognizable.

  4. Section 90(1)(d) - Manufacture for sale or storing, selling or distributing or importing products containing adulterant resulting in death of Consumer with imprisonment which shall not be less than 7 years and which may extend to life imprisonment and fine not less than Rs 10,00,000 and such an offence shall also be cognizable and non-bailable.


Section 92: Cognizance of offence by Court

No Cognizance shall be taken by a court of any offence under section 88 and 89 except on a complaint by the Central Authority or any officer authorised by it on this behalf.


Section 93: Vexatious Search

The Director-General or any other officer exercising powers under section 22 who know that there are no reasonable grounds for so doing, and yet searches or caused to be searched the premises or seizes any record, register or document or article shall for every offence be punished with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or both.


The Author is pursuing BA.LLB at School of Legal Studies, Central University of Kashmir.

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