Sections 87 and 88 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 87 of the Food Safety and Standards Act, 2006 treats the members and officers of the Food Authority and the Commissioners of Food Safety and their officers as public servants when they act or purport to act under the Act. Section 88 protects the Governments, the Food Authority, other bodies under the Act and their officers from suit, prosecution or other legal proceedings for anything done, or intended to be done, in good faith under the Act, rules or regulations.
Section 87: Members and officers of the Food Authority and Commissioners of Food Safety and their officers are deemed public servants "when acting or purporting to act in pursuance of any of the provisions of this Act". The text refers to section 21 of the Indian Penal Code. Section 88: no suit, prosecution or other legal proceedings lie against the Central Government, State Government, Food Authority and other bodies or their officers and staff for anything in good faith done or intended to be done under the Act or the rules or regulations. The shield is for good faith; it is not for bad faith.
The two sections at a glance
| Section | Who is covered | Effect |
|---|---|---|
| 87 | Members and officers of the Food Authority; Commissioners of Food Safety and their officers | Deemed public servants when acting or purporting to act under the Act |
| 88 | Central Government, State Government, Food Authority, other bodies constituted under the Act, officers and employees, and "any other officer acting under this Act" | No suit, prosecution or other legal proceedings for anything done or intended to be done in good faith |
Section 87: public servant status
The text
"The Members, officers of the Food Authority and the Commissioners of Food Safety and their officers shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning section 21 of the Indian Penal Code (45 of 1860)."
What it means
The Indian Penal Code has been replaced from 1 July 2024 by the Bharatiya Nyaya Sanhita, 2023, and references in the Act to the old Code are now read as references to the new law. This article does not give the new section number.
Being a public servant has consequences for both sides, and a legal consultation can help you place an inspection dispute in the right frame.
- For the officer. Duties and accountability of a public servant apply to the officer while acting under the Act.
- For the food business. Acts such as obstructing, threatening or assaulting a Food Safety Officer attract section 62 (see sections 60 and 62), and the public-servant status strengthens the protection around the officer's work.
The phrase "acting or purporting to act" is wide. It covers an officer who is actually acting under the Act and one who purports to do so. Whether a particular act was in fact within powers is a separate question that a court or appellate authority can examine.
Who is covered: the list names "officers of the Food Authority" and "Commissioners of Food Safety and their officers". The Commissioner's officers include the Designated Officers and Food Safety Officers who work under the Commissioner (see authorities responsible for enforcement).
Section 88: protection of action taken in good faith
The text
"No suit, prosecution or other legal proceedings shall lie against the Central Government, the State Government, the Food Authority and other bodies constituted under this Act or any officer of the Central Government, the State Government or any member, officer or other employee of such Authority and bodies or any other officer acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder."
Elements
- Who is protected. Governments, the Food Authority and other bodies under the Act, and their officers, members and employees, and any other officer acting under the Act.
- What is barred. Suit, prosecution or other legal proceedings.
- What must be shown. That the thing was done, or intended to be done, in good faith, under the Act, rules or regulations.
The Act does not define "good faith" in this section. The protection depends on the act being within the Act, rules or regulations and in good faith. An act outside the Act, or done with bad motive, is not protected by the wording.
What it does not say
The section protects officers and bodies. It does not shut out the remedies the Act gives a food business: reply to a notice, challenge an analysis report, appeal to the Tribunal and so on. Section 72 separately bars civil courts on matters for the Adjudicating Officer or the Tribunal (see civil court barred and summary trial). If you believe an officer acted without authority or for an improper purpose, take advice on the right forum through a legal consultation before doing anything else.
Example 1. An FSO draws a sample from a dealer's premises in the manner the Act allows, and the sample later passes analysis. The dealer cannot sue the officer for having drawn the sample; it was done in good faith under the Act.
Example 2. An officer demands payment to overlook a violation. That is not something done "in good faith ... under this Act", and section 88 gives no protection. Complaints can be made to the Commissioner of Food Safety.
Reading 87 and 88 together
Section 87 says what an officer is while working under the Act. Section 88 says what cannot be done against the officer for acts of that kind. Both exist so that enforcement is not deterred by fear of personal litigation and so that misuse can still be addressed: the good-faith condition is the boundary.
For a food business, the sensible response to an inspection is to cooperate, record the officer's name and the actions taken, receive copies of documents, and use the statutory routes for any dispute. Section 89 adds that the Act overrides inconsistent food laws (see overriding effect of the Act).
Need help with an inspection or a dispute with an officer?
If you are unsure whether an inspection or seizure was handled within the Act, or need help choosing between a reply, an appeal and other remedies, TaxClue can help. Start with a legal consultation.
Key takeaways
- Food Authority members and officers, and Commissioners of Food Safety and their officers, are deemed public servants when acting or purporting to act under the Act.
- No suit, prosecution or other legal proceedings lie against the Governments, the Food Authority and their officers for anything done in good faith under the Act.
- The protection depends on good faith and action under the Act.
- The Act's own remedies (notice replies, appeals) remain open to food businesses.
- The Indian Penal Code reference is now read as a reference to the Bharatiya Nyaya Sanhita, 2023.
Read next
- Section 80: defences in prosecution
- Sections 90, 97 and 98: transfer of employees, repeal and transitory provisions
- Overriding effect of the FSS Act: section 89
- Obstructing a Food Safety Officer
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.87 and 88 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.