Sections 76 and 77 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 77 of the Food Safety and Standards Act, 2006 says no court can take cognizance of an offence under the Act after one year from the date the offence was committed, but the Commissioner of Food Safety can approve prosecution within an extended period of up to three years, for reasons recorded in writing. Section 76 gives an appeal to the High Court against a decision or order of a Special Court, within forty-five days, on payment of a fee and deposit of any amount imposed.
Section 77: no court shall take cognizance of an offence after one year from the date of its commission. The Commissioner of Food Safety may, for reasons recorded in writing, approve prosecution within up to three years. Section 76: a person aggrieved by a decision or order of a Special Court may appeal to the High Court within forty-five days of service of the order, after paying the prescribed fee and depositing any penalty, compensation or damage imposed. The High Court may admit a late appeal for sufficient cause, and a bench of not less than two judges hears it.
The two sections at a glance
| Item | Section 77 (limitation) | Section 76 (appeal) |
|---|---|---|
| Rule | No cognizance after one year from commission | Appeal to High Court against Special Court order |
| Period | One year; extendable up to three years | Forty-five days from service of the order |
| Who can extend | Commissioner of Food Safety, reasons in writing | High Court, if appellant was prevented by sufficient cause |
| Conditions | Approval of prosecution within the extended period | Fee as prescribed; deposit of amount imposed as penalty, compensation or damage |
| Bench | Not applicable | Not less than two judges |
Section 77: time limit for prosecutions
The text
"Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence: Provided that the Commissioner of Food Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years."
How to read it
- The clock runs from commission. The period is one year "from the date of commission of an offence", not from the date of inspection, sampling or detection. The Act's text does not say otherwise in this section.
- It restricts the court. The bar is on the court taking cognizance. The prosecution, through the Designated Officer under section 42, therefore has to reach the court in time.
- The extension is an administrative approval. The Commissioner of Food Safety may approve prosecution "within an extended period of up to three years". The approval must be for reasons recorded in writing. The text does not say what reasons qualify.
- Three years is the outer limit. The extension is "up to three years".
The procedure for launching prosecution is in section 42 (see search, seizure and procedure for launching prosecution).
Where the limit matters
The limit applies to offences. After the Jan Vishwas (Amendment of Provisions) Act, 2023, sections 61 and 63 became penalty provisions (up to ten lakh rupees) and are dealt with by the Adjudicating Officer, so their treatment under this court-focused section is a matter to be decided on the facts and the law; this article expresses no view. Sections 59(i), 60 and 62 still carry imprisonment and go to court (see sections 60 and 62).
Example 1. An offence is committed on 10 March. A complaint reaches the court, which takes cognizance on 20 February of the following year. That is within one year.
Example 2. The same offence is brought to court only after thirteen months. Unless the Commissioner of Food Safety has approved prosecution in writing within an extended period, section 77 bars cognizance. If the Commissioner's written approval exists, cognizance within three years of commission is not barred by this section.
If you have a summons on an old incident, ask the date of the alleged offence and whether a written extension was recorded. A penalty and adjudication review can check the dates against the record.
Section 76: appeal from a Special Court
The text
"Any person aggrieved by a decision or order of a Special Court may, on payment of such fee as may be prescribed by the Central Government and after depositing the amount, if any, imposed by way of penalty, compensation or damage under this Act, within forty-five days from the date on which the order was served, prefer an appeal to the High Court."
The steps
- Who can appeal. "Any person aggrieved", which includes the accused and, on the wording, other persons aggrieved by the order, such as a victim.
- Pay the prescribed fee. The fee is prescribed by the Central Government under section 91(2)(j); the amount is not in the Act.
- Deposit the amount imposed. Any penalty, compensation or damage must be deposited first.
- File within forty-five days of service. The period runs from the date the order was served.
- Late appeal. The High Court "may entertain any appeal after the expiry of the said period of forty-five days, if it is satisfied that the appellant was prevented by sufficient cause".
- Bench. The appeal "shall be disposed of by the High Court by a bench of not less than two judges".
Compare with other appeal routes
Appeals from the Adjudicating Officer go to the Food Safety Appellate Tribunal, and from the Tribunal to the High Court within sixty days of communication of the order under section 71(6) (see appeal to the Tribunal). Section 76 is different: it covers Special Court orders, with forty-five days from service. Special Courts are discussed in our article on sections 74 and 75.
The Act refers to the Code of Criminal Procedure, 1973, elsewhere; since 1 July 2024 references are read as references to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Need help with limitation or an appeal?
Dates decide a lot in prosecutions and appeals. TaxClue can help you check the timeline on a notice or an order and plan the next step. See our penalty and adjudication page.
Key takeaways
- No court takes cognizance after one year from the commission of the offence.
- The Commissioner of Food Safety can approve prosecution within up to three years, for written reasons.
- A Special Court order is appealable to the High Court within forty-five days of service.
- The fee must be paid and any amount imposed deposited before the appeal.
- The High Court can condone delay for sufficient cause and sits in a bench of at least two judges.
Read next
- Sections 74 and 75: Special Courts and transfer of cases
- Sections 78 and 79: impleading manufacturer and enhanced punishment
- Appeal to the Food Safety Appellate Tribunal
- Appeal against the Adjudicating Officer's order
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.76 and 77 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.