Section 50 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 50 is the procedural centre of the criminal side of the Act. It says who may start a case for some offences, which court may try offences under the Act, which offences are cognizable, and when a senior police officer may search and seize without a warrant. If goods have been seized from you, or you want a rights-holder's complaint to be acted on, our legal dispute resolution team can help with the application and the timeline.
No court takes cognizance of an offence under section 42 (and the omitted sections 43 and 44) except on a written complaint by the Registrar or an officer authorised by him. No court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class may try an offence under the Act. Offences under sections 39, 40 and 41 are cognizable. A police officer not below the rank of deputy superintendent of police may search and seize without warrant, but only after obtaining and following the Registrar's opinion. A person with an interest may apply for restoration within fifteen days of the seizure.
Status after the amending Acts
The Tribunals Reforms Act, 2021 does not list section 50. The Jan Vishwas (Amendment of Provisions) Act, 2023 omits sections 43 and 44 and substitutes the punishment in section 42(2), but the item we read does not amend section 50. The printed sub-section (1) therefore still refers to "section 42 or section 43 or section 44". Since sections 43 and 44 stand omitted, those references now have no section to bite on. Also, section 42(2) is now worded as a penalty, and the text does not say how the written-complaint rule in sub-section (1) interacts with the adjudication route in section 37A. We quote the printed text and flag both points.
The cognizance and seizure powers in sub-sections (3) to (5) concern sections 39, 40 and 41, which remain offences for a court.
Sub-section (1): complaint by the Registrar
"No court shall take cognizance of an offence under section 42 or section 43 or section 44 except on complaint in writing made by the Registrar or any officer authorised by him in writing."
Proviso. "In relation to clause (b) of sub-section (1) of section 42, a court shall take a cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered geographical indication has been represented as registered in respect of any goods in respect of which it is not in fact registered."
So for the "wrong goods" claim in section 42(1)(b), the Registrar's certificate is itself enough to found cognizance. A private person cannot start a case for these offences by his own complaint.
Sub-section (2): which courts try offences
"No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act."
This applies to every offence under the Act, not only those in sections 39 to 41.
Sub-section (3): cognizable offences
"The offences under section 39 or section 40 or section 41 shall be cognizable." A police officer may therefore deal with them under the rules for cognizable offences. The text does not give a criminal procedure reference. The Code of Criminal Procedure and the Indian Penal Code were replaced from 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Nyaya Sanhita; this article does not give the new section numbers.
Sub-section (4): search and seizure without warrant
"Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be."
Breaking this down:
| Element | What the text says |
|---|---|
| Rank | Not below deputy superintendent of police, or equivalent |
| Satisfaction | That an offence under section 39, 40 or 41 has been, is being or is likely to be committed |
| Power | Search and seize without warrant |
| What may be seized | Goods, die, block, machine, plate, other instruments or things involved, wherever found |
| After seizure | Produce before the Judicial Magistrate of the first class or Metropolitan Magistrate as soon as practicable |
Proviso. "The police officer, before making any search and seizure, shall obtain the opinion of the Registrar on the facts involved in the offence relating to geographical indication and shall abide by the opinion so obtained."
This is a strong safeguard. The officer must (1) obtain the Registrar's opinion before searching or seizing, and (2) abide by it. A seizure made without the opinion, or against it, is open to challenge on the face of the proviso.
Sub-section (5): restoration of seized articles
"Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the application and the prosecution, shall make such order on the application as he may deem fit."
- Who: any person with an interest in the article, not only the accused.
- When: within fifteen days of the seizure.
- To whom: the Judicial Magistrate of the first class or the Metropolitan Magistrate.
- Process: the Magistrate hears both the applicant and the prosecution, then passes "such order as he may deem fit".
The court's later power to order forfeiture after trial is covered in the article on section 46.
Summary table
| Sub-section | Subject | Key point |
|---|---|---|
| (1) | Cognizance of s.42 (and omitted ss.43, 44) | Written complaint by Registrar or authorised officer; certificate suffices for s.42(1)(b) |
| (2) | Trial court | Not inferior to Metropolitan or JMFC |
| (3) | Cognizable offences | ss.39, 40, 41 |
| (4) | Search and seizure | DSP rank; Registrar's opinion first; produce before Magistrate |
| (5) | Restoration | Apply within fifteen days of seizure |
Example
A DSP-rank officer receives a tip that Verma Exports is packing ordinary spice powder in boxes with an invented registered indication. Before searching, the officer asks the Registrar for an opinion, receives it and acts on it. The seized boxes and a printing plate are produced before the Magistrate. Verma Exports' landlord, who owns some of the seized packing material, applies for its restoration within fifteen days. The Magistrate hears the application and the prosecution and decides.
What the section does not say
- It does not say what form the Registrar's opinion should take.
- It does not say who may be "equivalent" to a deputy superintendent of police.
- It does not state what happens if the fifteen days pass; it gives no extension power.
- It does not extend the warrantless power to section 42 offences.
Practical points
- If goods are seized, count fifteen days from the date of seizure and file the restoration application in time.
- Ask whether the Registrar's opinion was obtained; the proviso makes it a pre-condition.
- Rights holders: ask the Registrar's office for the certificate or opinion that your case needs, with your evidence.
- Third parties with an interest in seized property (owners, landlords, financiers) should apply in their own name.
Need help with a seizure or a complaint?
The fifteen-day window and the Registrar's-opinion safeguard are where many seizure disputes turn. Our legal dispute resolution team can prepare a restoration application, test the validity of the seizure or help a rights holder prepare the material for the Registrar.
Key takeaways
- Section 42 offences need a written complaint by the Registrar or an authorised officer; a Registrar's certificate suffices for section 42(1)(b).
- Offences under the Act are tried by a Metropolitan Magistrate or Judicial Magistrate of the first class, at the lowest.
- Offences under sections 39, 40 and 41 are cognizable.
- A DSP-rank officer may search and seize without warrant, but must first obtain and follow the Registrar's opinion.
- Apply for restoration within fifteen days of seizure.
Read next
- Sections 45–46: no offence in certain cases and forfeiture of goods
- Section 42: falsely representing a geographical indication as registered
- Sections 51–54: costs, limitation, information and abetment
- Infringement of geographical indication: penalties
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.