MANUFACTURE. SALE AND DISTRIBUTSION OF DRUGS AND COSMETICSCentral

Section 32 of The Drugs and Cosmetics Act, 1940

1 [(1) No prosecution under this Chapter shall be instituted except by--

(a)an Inspector; or
(b)any gazetted officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government or a State Government or by a general or special order made in this behalf by that Government; or
(c)the person aggrieved; or
(d)a recognised consumer association whether such person is a member of that association or not.

(2)Save as otherwise provided in this Act, no court inferior to that of a Court of Session shall try an offence punishable under this Chapter.]
(3)Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter.

Summary

This section limits who can start a prosecution, which means a formal criminal lawsuit, under Chapter IV of the law.
It permits only four specific entities to file these lawsuits, which are Inspectors, authorised gazetted officers, aggrieved persons, or registered consumer associations.
It mandates that cases under Chapter IV can only be tried by a Court of Session or a higher court.
It clarifies that prosecuting someone under this law does not stop them from being prosecuted under any other applicable law.

Practical examples

1On March 15, 2025, an ordinary citizen named Rajiv buys adulterated cough syrup that makes him ill. Rajiv, as the aggrieved person, has the legal right under this section to file a criminal prosecution directly in the Court of Session against the pharmacy.

2A registered consumer group, the Alert Consumer Association, discovers a shop selling misbranded face creams on July 10, 2025. Under this provision, the association can launch a prosecution against the shop owner even if none of their members bought the cream.

FAQ

1. Who has the authority to file a case under Section 32 of the Drugs and Cosmetics Act?

Under Section 32 of the Drugs and Cosmetics Act, 1940, a prosecution can only be started by an Inspector, an authorized gazetted officer, an injured person, or a recognized consumer association.

2. Can a lower magistrate court try cases under Chapter IV of the Drugs and Cosmetics Act?

No, Section 32 of the Drugs and Cosmetics Act, 1940 specifies that no court inferior to a Court of Session can try offences punishable under Chapter IV.

3. Does a trial under Section 32 of the Drugs and Cosmetics Act protect someone from other criminal charges?

No, Section 32 of the Drugs and Cosmetics Act, 1940 states that nothing in Chapter IV prevents a person from being prosecuted under any other law for the same act.

Test yourself

Q1.Under Section 32 of the Drugs and Cosmetics Act, 1940, which court is the minimum level authorised to try offences under Chapter IV?

Q2.Who is NOT legally authorised to institute a prosecution under Section 32 of the Drugs and Cosmetics Act, 1940?

Q3.Under Section 32 of the Drugs and Cosmetics Act, 1940, if an act violates both Chapter IV of this Act and the Indian Penal Code, can the offender be prosecuted under both?

Q4.Under Section 32 of the Drugs and Cosmetics Act, 1940, what requirement must a consumer association meet to file a prosecution?

31APreviousSection 31A Application of provisions to Government departments.32ANextSection 32A Power of Court to implead the manufacturer, etc.

←Section 31A Section 32A→