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Section 34A of The Drugs and Cosmetics Act, 1940 in hindi

1[ 2[34A. Offences by Government departments.--Where an offence under Chapter IV or Chapter IVA has been committed by any department of Government, such authority as is specified by the Central Government to be in charge of manufacture, sale, or distribution of drugs or where no authority is specified, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any such authority or person liable to any punishment provided in Chapter IV or Chapter IVA, as the case may be , if such authority or person proves that the offence was committed without its or his knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence.]]

Summary

When an offence under Chapter IV (manufacture, sale, and distribution of drugs and cosmetics) or Chapter IVA (Ayurvedic, Siddha, and Unani drugs) is committed by a Government department, a specific authority is held responsible.
The authority specified by the Central Government to be in charge of the department's manufacture, sale, or distribution is deemed guilty of the offence.
If the Central Government has not specified any authority, the head of the department is automatically deemed guilty of the offence.
The specified authority or head of department can avoid punishment by proving that the offence was committed without their knowledge, or that they exercised all due diligence (proper care and reasonable steps) to prevent it.

Practical examples

1On March 10, 2025, the State Vaccine Depot, a government department, distributed expired vaccines, which is an offence under Chapter IV. Since the Central Government had not specified any other authority in charge, Dr. Mehta, the head of the department, is prosecuted under this section.

2On August 20, 2025, the Central Government's Unani Research Labs, which has a designated officer in charge of manufacturing named Director Alvi, produced a spurious herbal blend without a license. Dr. Alvi is prosecuted as the specified authority in charge. He escapes punishment by proving in court that he had implemented rigorous double-check locks and that a rogue technician bypassed them without his knowledge.

FAQ

1. Does Section 34A apply to offences committed during the import of drugs?

No, Section 34A specifically applies only to offences committed under Chapter IV or Chapter IVA of the Act, which relate to manufacture, sale, and distribution, not import (which is under Chapter III).

2. Who is held responsible if the government has not designated a specific officer in charge?

If no authority is specified by the Central Government, the head of the government department is deemed guilty and prosecuted.

3. Can a government department head avoid punishment under this section?

Yes, they will not be punished if they prove that the offence occurred without their knowledge, or that they took all reasonable care and exercised all due diligence to prevent it.

Test yourself

Q1.Under Section 34A of The Drugs and Cosmetics Act, 1940, which chapters of the Act must the offence fall under for this provision to apply to a Government department?

Q2.Under Section 34A of The Drugs and Cosmetics Act, 1940, if the Central Government has not specified an authority to be in charge of a department's drug activities, who is deemed guilty of an offence?

Q3.Under Section 34A of The Drugs and Cosmetics Act, 1940, what must a department head or specified authority prove to avoid being punished for an offence?

Q4.Under Section 34A of The Drugs and Cosmetics Act, 1940, what specific activities by a Government department does this section cover?

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