Section 90 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 90 punishes anyone who, by himself or through another, manufactures for sale, stores, sells, distributes or imports a product containing an adulterant. The punishment depends on the result: no injury, injury short of grievous hurt, grievous hurt, or death of a consumer. The top tier carries imprisonment of not less than seven years, which may extend to life. It also lets the court suspend or cancel a licence. If you handle products in the supply chain, our legal dispute resolution team can help you understand the exposure.
The offence is to manufacture for sale, store, sell, distribute or import a product containing an adulterant, by oneself or through another. No injury: up to six months and fine up to Rs 1 lakh. Injury not amounting to grievous hurt: up to one year and fine up to Rs 3 lakh. Grievous hurt: up to seven years and fine up to Rs 5 lakh. Death: not less than seven years, up to life, and fine of not less than Rs 10 lakh. The grievous hurt and death offences are cognizable and non-bailable. The court may suspend a licence for up to two years on first conviction, and cancel it on a second or later one.
Section 90(1): the punishment ladder
| Clause | Result of the act | Imprisonment | Fine |
|---|---|---|---|
| (a) | No injury to the consumer | May extend to six months | May extend to Rs 1 lakh |
| (b) | Injury not amounting to grievous hurt | May extend to one year | May extend to Rs 3 lakh |
| (c) | Injury resulting in grievous hurt | May extend to seven years | May extend to Rs 5 lakh |
| (d) | Death of a consumer | Not less than seven years, may extend to imprisonment for life | Not less than Rs 10 lakh |
The words of the section: "Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—".
Points to read carefully:
- The acts. Five acts are listed: manufactures for sale, stores, sells, distributes, imports. Any one is enough. "Manufactures for sale" means manufacture for the purpose of sale.
- "By himself or by any other person on his behalf". A person who has the act done through an employee or agent is covered.
- Ladder by result. The punishment depends on what the act "results in", from no injury to death. The text does not say whether the offender must know the product contains an adulterant; it is silent on mental state.
- Joined by "and". Each clause says imprisonment "and with fine". As printed, the penalties are given together, not as alternatives.
- Maximums in (a) to (c), minimums in (d). Clauses (a), (b) and (c) set only ceilings ("may extend to"). Clause (d) sets a floor for both: imprisonment "not be less than seven years" and fine "not be less than ten lakh rupees". The text prints no ceiling on the fine in (d).
- A reading note on (c). The imprisonment ceiling in (c) is seven years but the fine ceiling is Rs 5 lakh. The text does not explain the amounts; they are quoted as printed.
Section 90(2): cognizable and non-bailable
"The offences under clauses (c) and (d) of sub-section (1) shall be cognizable and non-bailable."
So the grievous hurt and death tiers are cognizable and non-bailable. The text says nothing about clauses (a) and (b); it does not label them. Section 92, which requires a complaint by the Central Authority, applies only to offences under sections 88 and 89, so it does not govern section 90. See sections 92–93 on cognizance of offences.
Note on the statutes cited: the terms "cognizable" and "non-bailable" come from the Code of Criminal Procedure, 1973. From 1 July 2024 the Code of Criminal Procedure, 1973 and the Indian Penal Code were replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS). This article gives no new section numbers.
Section 90(3): licence suspension and cancellation
"Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence."
| Conviction | Licence |
|---|---|
| First | May be suspended for a period up to two years |
| Second or subsequent | May be cancelled |
- It is in addition to the sentence ("notwithstanding the punishment").
- It is the court that may act; the word is "may", so it is discretionary.
- It covers "any licence issued ... under any law for the time being in force", not only licences under this Act. A food licence or a drug licence, for example, would be an example of such a licence; the section does not name any.
The Explanation
"Adulterant" means any material including extraneous matter which is employed or used for making a product unsafe. "Grievous hurt" has the meaning assigned in section 320 of the Indian Penal Code (45 of 1860).
- Adulterant. The test is that the material makes the product unsafe. The definition does not use the idea of reducing quality or purity; its focus is safety.
- Grievous hurt. Section 90 borrows the meaning from the Indian Penal Code. This article does not list the kinds of grievous hurt; they are in the Code. See the note above on the BNS.
Example 1 (no injury). A distributor stores a batch of edible oil mixed with a material that makes it unsafe. No one is harmed before the batch is seized. Clause (a) applies: imprisonment up to six months and fine up to Rs 1 lakh.
Example 2 (death). Another batch is sold and a consumer dies after using it. Clause (d) applies: imprisonment not less than seven years, up to life, and fine not less than Rs 10 lakh. The offence is cognizable and non-bailable.
Section 90 and food safety law
Food products also fall under the Food Safety and Standards Act, 2006. The Consumer Protection Act, 2019 says in section 100 that it is in addition to, and not in derogation of, other laws. See our article on section 100. For the compensation provision of that Act, see our post on section 65 of the Food Safety and Standards Act.
What the text leaves out
- It does not say who files the case or which court tries it.
- It does not say whether the product must have been sold, since storing, distributing and importing are separate acts.
- It does not say how the court decides between the tiers where harm is disputed.
- It does not state a time limit for starting the case.
Need help with an adulteration allegation or complaint?
Section 90 turns on the result of the act, so the medical and test records matter as much as the product. Our team can review the allegation or your complaint and advise on next steps. Start with a legal dispute resolution consultation and bring the product samples, test reports, medical records and licence details.
Key takeaways
- Section 90 punishes manufacturing for sale, storing, selling, distributing or importing a product containing an adulterant.
- Four tiers: no injury (six months, Rs 1 lakh), injury short of grievous hurt (one year, Rs 3 lakh), grievous hurt (seven years, Rs 5 lakh), death (seven years to life, fine not less than Rs 10 lakh).
- The grievous hurt and death offences are cognizable and non-bailable.
- The court may suspend a licence for up to two years on first conviction and cancel it on a later one.
- "Adulterant" means a material used for making a product unsafe.
Read next
- Sections 88–89: non-compliance with CCPA directions and misleading advertisement offence
- Section 91: punishment for spurious goods
- Sections 92–93: cognizance of offences and vexatious search
- Penalties Under Consumer Protection Act 2019
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.