The Drugs and Cosmetics Act, 1940 · IV — MANUFACTURE, SALE AND DISTRIBUTION OF[3] [DRUGS AND COSMETICS]

Section 29. Penalty for use of Government Analyst's report for advertising

In force · As amended up to 2026-08

29. Penalty for use of Government Analyst's report for advertising.— Whoever uses any report of a test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from such report, for the purpose of advertising any drug[6] [or cosmetic], shall be[7] [liable to penalty which may extend to one lakh rupees]. 8[30. Penalty for subsequent offences.—9 [(1) Whoever having been convicted of an offence,— (a) under clause (b) of section 27 is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall[10] [not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh rupees]: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of[11] [less than seven years and of fine of less than one lakh rupees]; (b) under clause (c) of section 27, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which[12] [shall not be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees.] 1. Subs. by Act 26 of 2008, s. 7, for clauses (i) and (ii) (w.e.f. 10-8-2009). 2. Subs, by Act 13 of 1964, s. 19, for s. 28 (w.e.f. 15-9-1964). 3. Ins. by Act 68 of 1982, s. 23 (w.e.f. 1-2-1983). 4. Subs. by Act 26 of 2008, s. 8, for "with fine which may extend to one thousand rupees or with both" (w.e.f. 10-8-2009). 5. Ins. by Act 68 of 1982 s. 24 (w.e.f. 1-2-1983). 6. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964). 7. Subs. by Act 18 of 2023, s. 2 and Schedule, for certain words (w.e.f. 31-12-2024). 8. Subs. by Act 11 of 1955, s. 14, for s. 30. 9. Subs. by Act 68 of 1982, s. 25, for sub-section (1) (w.e.f. 1-2-1983). 10. Subs. by Act 26 of 2008, s. 11 for "not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand rupees"(w.e.f. 10-8-2009). 11. Subs. by s. 11, ibid ., for "less than two years and of fine of less than ten thousand rupees (w.e.f. 10-8-2009). 12. Subs. by s. 11, ibid ., for "shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees" (w.e.f. 10-8-2009). (c) under clause (d) of section 27, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to four years or with fine which shall not be less than[1] [fifty thousand rupees], or with both.] 2[(1A) Whoever, having been convicted of an offence under section 27A is again convicted under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to[3] [two thousand rupees], or with both.] (2) Whoever, having been convicted of an offence under[4] * section 29 is again convicted of an offence under the same section shall be punishable with[5] [fine which shall not be less than five lakh rupees].

Source: India Code

How this section changed

  1. inserted by Act 21 of 1962, s. 15

    In force from 27 Jul 1964

    Footnote: 6. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).

  2. substituted by Act 18 of 2023, s. 2

    In force from 31 Dec 2024

    Footnote: 7. Subs. by Act 18 of 2023, s. 2 and Schedule, for certain words (w.e.f. 31-12-2024).