Sections 72 and 73 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 72 of the Food Safety and Standards Act, 2006 shuts out the civil court: no civil court can entertain a suit or proceeding on any matter the Adjudicating Officer or the Tribunal is empowered to decide, and no injunction can be granted against action under the Act. Section 73 says that offences not triable by a Special Court are tried summarily by a Judicial Magistrate of the first class or a Metropolitan Magistrate, with a sentence of up to one year.
Section 72: no civil court has jurisdiction over any matter which an Adjudicating Officer or the Tribunal is empowered to determine, and no injunction can be granted by any court or other authority against action taken or to be taken under a power conferred by the Act. Section 73: all offences not triable by a Special Court are tried in a summary way by a Judicial Magistrate of the first class or a Metropolitan Magistrate; on conviction the sentence can be up to one year, and the Magistrate can switch to a regular trial if a longer sentence may be needed.
The two sections at a glance
| Section | Subject | Key rule |
|---|---|---|
| 72 | Civil court jurisdiction | Barred for matters within the Adjudicating Officer or Tribunal |
| 72 | Injunctions | None granted "by any court or other authority" against action under the Act |
| 73 (main part) | Forum | Judicial Magistrate of the first class or Metropolitan Magistrate, summary trial |
| 73 (first proviso) | Sentence | Imprisonment not exceeding one year |
| 73 (second proviso) | Switch to regular trial | If a sentence above one year may be needed, or summary trial is undesirable, Magistrate records an order after hearing parties, recalls witnesses and rehears |
Section 72: the civil court is barred
The text
"No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer or the Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act."
What it covers
There are two limbs.
- Matters the Adjudicating Officer or Tribunal can decide. The Adjudicating Officer imposes penalties under section 68 (see adjudication of food safety cases). Appeals from the Officer go to the Food Safety Appellate Tribunal under section 70 (see appeal to the Tribunal). If the question is one of those authorities' business, a civil suit is not the route.
- Injunctions. The second limb is wider. It says no injunction shall be granted "by any court or other authority" against action taken or to be taken under a power conferred by the Act. That covers an order restraining an FSO from inspecting, sampling or seizing, or restraining an authority from proceeding under the Act.
What section 72 does not say
The section does not bar every court. It bars the civil court and, as to injunctions, court or authority. The Act itself provides an appeal route: from the Adjudicating Officer to the Tribunal, and from the Tribunal and Special Courts to the High Court (see writ petitions against FSSAI orders for how High Court remedies are used in practice). This article does not offer a view on the reach of constitutional remedies.
Example. A business receives a notice proposing a penalty and files a suit in the civil court to restrain the Adjudicating Officer. Section 72 says the civil court has no jurisdiction on a matter the Adjudicating Officer is empowered to determine, and it also says no injunction can be granted against action in pursuance of a power under the Act. The business's route is to reply to the notice and, if an order goes against it, to appeal to the Tribunal. A penalty and adjudication specialist can help you frame both.
Section 73: summary trial of offences
The text
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences not triable by a Special Court, shall be tried in a summary way by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such a trial."
The Code of Criminal Procedure, 1973 has been replaced from 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita, 2023, and references to the old Code are now read as references to the new one. This article does not give new section numbers.
Who tries what
- Special Court. Section 74 lets governments set up Special Courts for offences of grievous injury or death with imprisonment of more than three years (see special courts and transfer of cases).
- Everything else. Offences not triable by a Special Court, such as the sections on seized items, obstruction or false information (as they stood before being converted into penalties), are tried summarily by the Magistrate.
The Jan Vishwas (Amendment of Provisions) Act, 2023 turned sections 61 and 63 into penalty provisions (up to ten lakh rupees), so those two are no longer imprisonment offences. Section 59(i) now carries imprisonment up to three months and fine up to three lakh rupees. Sections 60 and 62 still carry imprisonment and remain court matters (see sections 60 and 62).
The one-year limit and the escape valve
First proviso. On conviction in a summary trial, the Magistrate may pass a sentence of imprisonment "not exceeding one year".
Second proviso. If, at the start or during the trial, it appears to the Magistrate that "a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily", the Magistrate must, "after hearing the parties, record an order to that effect", recall any witness already examined, and "proceed to hear or rehear the case in the manner provided by the said Code". This protects the accused: a serious case does not get a quick trial that could end in an inadequate process.
Note the interaction with section 79, which lets the court of ordinary jurisdiction pass any sentence the Act authorises, except imprisonment exceeding six years in excess of the Magistrate's powers under the Code (see impleading manufacturer and enhanced punishment).
Practical points for food businesses
- Do not file a civil suit to stop an FSO or an Adjudicating Officer; reply to the notice and use the appeal route.
- If summoned to a Magistrate's court, expect a summary procedure but ask whether the case may be heard regularly if a long sentence is possible.
- Keep every inspection record, sample report and notice, because summary trials move quickly.
Need help with a notice or a court summons?
If you have received a notice or a summons under the FSS Act, TaxClue can help you prepare the reply and understand the forum. See our penalty and adjudication page.
Key takeaways
- Civil courts have no jurisdiction on matters the Adjudicating Officer or Tribunal can decide.
- No injunction may be granted by any court or authority against action under a power in the Act.
- Offences not triable by a Special Court are tried summarily by a first-class Judicial Magistrate or a Metropolitan Magistrate.
- Summary trial sentence is capped at one year; the Magistrate can move to a regular trial.
- Old references to the 1973 Code are now read as references to the BNSS, 2023.
Read next
- Section 67: penalty for contravention in import of food
- Sections 74 and 75: Special Courts and transfer of cases
- Appeal against the Adjudicating Officer's order
- Compounding of offences under the FSS Act
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only; ss.72 and 73 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.