MANUFACTURE. SALE AND DISTRIBUTSION OF DRUGS AND COSMETICSCentral

Section 27 of The Drugs and Cosmetics Act, 1940 in hindi

1[27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.--Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes,--

(a)any drug deemed to be adulterated under section 17A or spurious under section 2[17B and which] when used by any person for or in the diagnosis, treatment, mitigation, or pre - vention of any disease or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to grevious hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860) solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be 3[punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more]: 4[Provided that the fine imposed on and released from, the person convicted under this clause shall be paid, by way of compensation, to the person who had used the adulterated or spurious drugs referred to in this clause: Provided further that where the use of the adulterated or, spurious drugs referred to in this clause has caused the death of a person who used such drugs, the fine imposed on and realised from, the person convicted under this clause, shall be paid to the relative of the person who had died due to the use of the adulterated or spurious drugs referred to in this clause. Explanation.--For the purposes of the second proviso, the expression "relative" means--
1. (i)spouse of the deceased person; or
2. (ii)a minor legitimate son, and unmarried legitimate daughter and a widowed mother; or
3. (iii)parent of the minor victim; or
4. (iv)if wholly dependent on the earnings of the deceased person at the time of his death, a son or a daughter who has attained the age of eighteen years; or
5. (v)any person, if wholly or in part, dependent on the earnings of the deceased person at the time of his death,--
(a)the parent; or
(b)a minor brother or an unmarried sister; or
(c)a widowed daughter-in-law; or
(d)a widowed sister; or
(e)a minor child of a pre-deceased son; or
(f)a minor child of a pre-deceased daughter where no parent of the child is alive; or
(g)the paternal grandparent if no parent of the member is alive;]
(b)any drug--
1. (i)deemed to be adulterated under section 17A but not being a drug referred to in clause (a), or
2. (ii)without a valid licence as required under clause (c) of section 18, shall be punishable with imprisonment for a term which shall 5[not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more]: Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of 6[less than three years and of fine of less than one lakh rupees];
(c)any drug deemed to be spurious under section 17B, but not being a drug referred to in clause (a) shall be punishable with imprisonment for a term which shall 7[not less than seven years but which may extend to imprisonment for life and with fine which shall not be three lakh rupees or three times the value of the drugs confiscated, whichever is more]: Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of 8[less than seven years but not less than three years and of fine of less than one lakh rupees];
(d)any drug, other than a drug referred to in clause (a) or clause (b) or clause (c), in contravention of any other provision of this Chapter or any rule made thereunder, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years 9[and with fine which shall not be less than twenty thousand rupees]: Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than one year.]

Summary

This section lists the punishments for breaking laws regarding the manufacture and sale of drugs.
If a fake or low quality drug causes death or serious physical injury, the person can face life imprisonment.
Making or selling drugs without a valid license leads to at least three years in jail.
Selling fake drugs that do not cause serious harm still carries a minimum of seven years in prison.
Fines collected from criminals may be given to the victims or their families as compensation.

Practical examples

1In January 2025, Mr. Kumar was sentenced to life in prison under Section 27 because he sold fake antibiotics that caused the death of three children.

2A small factory in Mumbai was caught making cough syrup without any license in 2024. The owner received a four year jail sentence and a two lakh rupee fine under the 1940 Act.

FAQ

1. What is the maximum punishment under Section 27 of the Drugs and Cosmetics Act 1940?

The maximum punishment under Section 27 of the Drugs and Cosmetics Act, 1940 is imprisonment for life for selling drugs that cause death or serious injury.

2. Can a victim get money from the criminal under Section 27 of the 1940 Act?

Yes, Section 27 of the 1940 Act says that fines collected from the convicted person shall be paid as compensation to the victim or their relatives.

3. What happens if I sell drugs without a license under Section 27 of the Drugs and Cosmetics Act?

Under Section 27 of the 1940 Act, manufacturing or selling drugs without a valid license is punishable by at least three years in jail and a fine of at least one lakh rupees.

Test yourself

Q1.If an adulterated drug causes "grievous hurt" as defined in the Indian Penal Code, what is the minimum fine under Section 27 of the 1940 Act?

Q2.Under Section 27 of the Drugs and Cosmetics Act, 1940, what is the minimum jail term for manufacturing a drug without a valid license?

Q3.Who receives the fine money if a person dies from using fake drugs according to Section 27 of the 1940 Act?

Q4.A person is caught selling a "spurious" or fake drug that did not cause death or serious harm. What is the minimum prison term under Section 27 of the 1940 Act?

26BPreviousSection 26B Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.27ANextSection 27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.

←Section 26B Section 27A→