Section 84 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 84 lists five grounds on which a product manufacturer is liable in a product liability action, and adds that the manufacturer is liable on an express warranty even if it proves it was not negligent or fraudulent in making it. If you make, assemble or put your mark on products, this is the section to know. Our consumer notice drafting team can help you reply to a notice or frame one against a manufacturer.
A product manufacturer is liable in a product liability action if (a) the product contains a manufacturing defect, (b) it is defective in design, (c) there is a deviation from manufacturing specifications, (d) it does not conform to the express warranty, or (e) it fails to contain adequate instructions of correct usage to prevent harm, or any warning regarding improper or incorrect usage (84(1)). The manufacturer is liable on an express warranty even if it proves it was not negligent or fraudulent in making it (84(2)).
Section 84 at a glance
| Clause | Ground | In plain words |
|---|---|---|
| 84(1)(a) | Manufacturing defect | The product was made with a defect |
| 84(1)(b) | Defect in design | The design itself is defective |
| 84(1)(c) | Deviation from manufacturing specifications | The product departs from the specifications it was to be made to |
| 84(1)(d) | Non-conformity to express warranty | The product does not match the express warranty |
| 84(1)(e) | Inadequate instructions or warnings | No adequate instructions of correct usage to prevent harm, or no warning on improper or incorrect usage |
| 84(2) | Warranty without fault | Liability even if not negligent or fraudulent in making the express warranty |
The five grounds are alternatives, joined by "or". One is enough. Section 83 says a complainant may bring the action against a manufacturer for harm caused by a defective product; see sections 82–83 on who can sue whom. For an overview of all six sections, see our post on product liability under CPA 2019, sections 82–87.
Who is a "product manufacturer"
Section 2(36) says a product manufacturer is a person who: makes any product or parts thereof; assembles parts made by others; puts or causes to be put his own mark on products made by any other person; makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing it for commercial purpose; designs, produces, fabricates, constructs or re-manufactures any product before its sale; or, being a product seller of a product, is also a manufacturer of it.
The reach is wide. A business that only puts its brand on goods made by another is a product manufacturer for these purposes.
Section 84(1): the five grounds
"A product manufacturer shall be liable in a product liability action, if—"
(a) Manufacturing defect
"The product contains a manufacturing defect." The section does not define the term. "Defect" is defined in section 2(10) as any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law, or under any contract, express or implied, or as is claimed by the trader.
(b) Defective in design
"The product is defective in design." The whole line of products can be affected, because the fault lies in the design rather than in one unit. The section gives no test for design defect.
(c) Deviation from manufacturing specifications
"There is a deviation from manufacturing specifications." This asks whether the product departs from the specifications it was to be made to. The text does not say whose specifications.
(d) Does not conform to the express warranty
"The product does not conform to the express warranty." Section 2(20) defines "express warranty" as any material statement, affirmation of fact, promise or description relating to a product or service warranting that it conforms to such statement, affirmation, promise or description, and includes any sample or model warranting that the whole of the product conforms to the sample or model. A claim on a label, a brochure or a sample can therefore count.
(e) Inadequate instructions or warnings
"The product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage." Two things are covered: instructions on correct usage that are adequate to prevent harm, and warnings about improper or incorrect usage. Section 87 sets limits on this ground for the manufacturer; see section 87 on exceptions.
Section 84(2): warranty without proof of fault
"A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product."
This means a manufacturer cannot defend a warranty claim by saying it took care or acted honestly in making the statement. The section addresses the express warranty ground in (d). It does not say the same about the other four grounds; the text is silent on whether negligence is relevant to them.
| Question | Text of section 84 |
|---|---|
| Must the complainant prove negligence? | Not stated as a condition in 84(1) |
| Can the manufacturer escape a warranty claim by proving no negligence or fraud? | No (84(2)) |
| Is there a defence for obvious dangers or workplace purchases? | See section 87(2) and (3) |
Example. A company sells a hair dryer with a printed assurance that it is safe to use in the bathroom. A buyer, Mr Das, is injured when it short-circuits near water. Section 84(1)(d) applies if the product does not conform to that express warranty, and section 84(2) means the company cannot escape by proving it was careful in writing the assurance. If the instruction leaflet also lacked a warning, section 84(1)(e) may apply too.
Harm must be shown
Section 83 requires "harm caused ... on account of a defective product". Harm as defined in section 2(22) excludes harm to the product itself and commercial or economic loss. Section 84 gives the grounds on which the manufacturer is liable; the complainant must still show harm of the kind the Act counts.
What the text leaves out
- It does not say who bears the burden of proof for each ground.
- It does not define "design", "specifications" or "adequate".
- It does not state the amount or type of compensation. The reliefs a Commission can order are set out in section 39.
- It does not say how liability is shared when more than one party is involved. Sections 85 and 86 deal with the service provider and the seller; each has its own grounds.
Need help with a manufacturer's liability?
If you have been harmed by a product, or a notice has been served on you as the manufacturer, the starting point is to match the facts to one of the five grounds. Our team can draft or answer the notice. Begin with consumer notice drafting and bring the product details, labels, brochures and any warranty text.
Key takeaways
- Section 84(1) gives five alternative grounds: manufacturing defect, design defect, deviation from specifications, non-conformity to express warranty, inadequate instructions or warnings.
- A manufacturer is liable on an express warranty even if it proves it was not negligent or fraudulent (84(2)).
- "Product manufacturer" is defined widely in section 2(36).
- Exceptions to a failure-to-warn claim are in section 87.
- The complainant must still show harm as defined.
Read next
- Sections 82–83: product liability action, who can sue whom
- Section 85: liability of the product service provider
- Section 86: liability of the product seller
- Product Liability Under CPA 2019: Section 82–87
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.