The Drugs and Cosmetics Act, 1940
Central Act · Act 23 of 194090 provisions80 citing judgments
The enactment
| Long title | An Act to regulate the import, manufacture, distribution and sale of drugs and cosmetics. |
|---|---|
| Type | Act |
| Citation | Act 23 of 1940 |
| Year | 1940 |
| Jurisdiction | Central |
| Ministry | Ministry of Health and Family Welfare |
| Status | In force as published by the source |
| Provisions published | 90 |
| Subjects | health |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Application of other laws not barred.2 citing judgments
- Section 3 Definitions.5 citing judgments
- Section 3A Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir.
- Section 4 Presumption as to poisonous substances.1 citing judgment
- Section 5 The Drugs Technical Advisory Board.3 citing judgments
- Section 6 The Central Drugs Laboratory.
- Section 7 The Drugs Consultative Committee.
- Section 7A Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs
- Section 8 Standards of quality.
- Section 9 Misbranded drugs.
- Section 9A Adulterated drugs.
- Section 9B Spurious drugs
- Section 9C Misbranded cosmetics.
- Section 9D Spurious cosmetics.
- Section 10 Prohibition of import of certain drugs or cosmetics.
- Section 10A Power of Central Government to prohibit import of drugs and cosmetics in public interest.
- Section 11 Application of law relating to sea customs and powers of Customs officers.
- Section 12 Power of Central Government to make rules.
- Section 13 Offences1 citing judgment
- Section 14 Confiscation
- Section 15 Jurisdiction.
- Section 16 Standards of quality.
- Section 17 Misbranded drugs4 citing judgments
- Section 17A Adulterated drugs.
- Section 17B Spurious drugs.1 citing judgment
- Section 17C Misbranded cosmetics
- Section 17D Spurious cosmetics.
- Section 17E Adulterated cosmetics
- Section 18 Prohibition of manufacture and sale of certain drugs and cosmetics16 citing judgments
- Section 18A Disclosure of the name of the manufacturer, etc.2 citing judgments
- Section 18B Maintenance of records and furnishing of information.1 citing judgment
- Section 19 Pleas.
- Section 20 Government Analysts.
- Section 21 Inspectors2 citing judgments
- Section 22 Powers of Inspectors.2 citing judgments
- Section 23 Procedure of Inspectors.2 citing judgments
- Section 24 Persons bound to disclose place where drugs or cosmetics are manufactured or kept.2 citing judgments
- Section 25 Reports of Government Analysts.2 citing judgments
- Section 26 Purchaser of drug or cosmetic enabled to obtain test or analysis.1 citing judgment
- Section 26A Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest.2 citing judgments
- Section 26B Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.
- Section 27 Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.12 citing judgments
- Section 27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.
- Section 28 Penalty for non-disclosure of the name of the manufacturer, etc3 citing judgments
- Section 28A Penalty for not keeping documents, etc., and for non-disclosure of information.
- Section 28B Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A.
- Section 29 Penalty for use of Government Analyst’s report for advertising.
- Section 30 Penalty for subsequent offences.
- Section 31 Confiscation.
- Section 31A Application of provisions to Government departments.
- Section 32 Cognizance of offences.8 citing judgments
- Section 32A Power of Court to implead the manufacturer, etc.
- Section 32B Compounding of certain offences.
- Section 33 Power of Central Government to make rules.1 citing judgment
- Section 33-I Penalty for manufacture, sale, etc., of Ayurvedic. Siddha or Unani drug in contravention of this Chapter
- Section 33-O Power to amend First Schedule
- Section 33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs.
- Section 33B Application of Chapter IVA
- Section 33C Ayurvedic and Unani Drugs Technical Advisory Board.
- Section 33D The Ayurvedic, Siddha and Unani Drugs Consultative Committee
- Section 33E Misbranded drugs.
- Section 33EE Adulterated drugs
- Section 33EEA Spurious drugs.
- Section 33EEB Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs
- Section 33EEC Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs.
- Section 33EED Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest.
- Section 33F Government Analysts
- Section 33G Inspectors.
- Section 33H Application of provisions of sections 22, 23, 24 and 25.
- Section 33J Penalty for subsequent offences
- Section 33K Confiscation
- Section 33KA Disclosure of name of manufacturer, etc
- Section 33KB Maintenance of records and furnishing of informantion.
- Section 33L Application of provisions to Government departments
- Section 33M Cognizance of offences.
- Section 33N Power of Central Government to make rules.
- Section 33P Power to give directions.
- Section 34 Offences by companies.5 citing judgments
- Section 34A Offences by Government departments.
- Section 34AA Penalty for vexatious search or seizure.
- Section 35 Publication of sentences passed under this Act
- Section 36 Magistrate’s power to impose enhanced penalties.1 citing judgment
- Section 36A Certain offences to be tried summarily.
- Section 36AB Special Courts.
- Section 36AC Offences to be cognizable and non-bailable in certain cases
- Section 36AD Application of Code of Criminal Procedure, 1973 to proceedings before special Court.
- Section 36AE Appeal and revision
- Section 37 Protection of action taken in good faith.
- Section 38 Rules to be laid before Parliament.1 citing judgment
Find the provision, not just read it
The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:
- Search 49,000+ Central and State enactments by what a provision says, not by its number
- Jump from any section to every judgment that has applied it
- Search 300 million+ Indian court records alongside the statute
- Ask a research agent to find and read the case law on a provision for you
Free account. No card. About a minute to create.
Create a free accountNeed this as data, not as a page? The Drugs and Cosmetics Act, 1940 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.