Section 91 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 91 punishes anyone who, by himself or through another, manufactures for sale, stores, sells, distributes or imports spurious goods. The Act defines spurious goods as goods falsely claimed to be genuine. The punishment has three tiers, depending on whether a consumer suffers injury short of grievous hurt, grievous hurt or death. Section 91 follows the pattern of section 90, but it has one tier fewer. If you deal in branded or certified goods, our legal dispute resolution team can help you check your exposure.
The offence is to manufacture for sale, store, sell, distribute or import any spurious goods, by oneself or through another. If the act causes 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 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.
What "spurious goods" means
Section 2(43) says "spurious goods" means "such goods which are falsely claimed to be genuine". "Goods" means every kind of movable property and includes "food" as defined in the Food Safety and Standards Act, 2006 (section 2(21)). So the test is a false claim of genuineness. The Act does not say whether the claim must be made in words, by a mark or by packaging, and it does not say that the goods must be of poor quality.
Section 91(1): the punishment
"Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act—"
| Clause | Result of the act | Imprisonment | Fine |
|---|---|---|---|
| (a) | Injury not amounting to grievous hurt to the consumer | May extend to one year | May extend to Rs 3 lakh |
| (b) | Injury resulting in grievous hurt to the consumer | May extend to seven years | May extend to Rs 5 lakh |
| (c) | Death of a consumer | Not less than seven years, may extend to imprisonment for life | Not less than Rs 10 lakh |
- Five acts. Manufactures for sale, stores, sells, distributes, imports. Any one will do.
- Through another. An act done "by any other person on his behalf" is covered.
- Imprisonment and fine together. Each clause reads imprisonment "and with fine". As printed, the text does not give a choice between the two.
- Ceiling in (a) and (b), floor in (c). Clauses (a) and (b) say "may extend to". Clause (c) sets a minimum of seven years and Rs 10 lakh, and no maximum for the fine.
- No injury, no tier. Section 91 begins at injury short of grievous hurt. The text prints no penalty for spurious goods that cause no injury. Section 90 has such a tier (clause (a)). The text of section 91 is silent on that case, and this article does not read one in.
Section 91(2): cognizable and non-bailable
"The offences under clauses (b) and (c) of sub-section (1) shall be cognizable and non-bailable." Notice that the clause letters differ from section 90, where the corresponding offences are clauses (c) and (d). Section 91 has one fewer clause, so grievous hurt is (b) and death is (c).
Note on the statutes cited: "cognizable" and "non-bailable" are terms of 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 91(3): licence suspension or 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 up to two years |
| Second or subsequent | May be cancelled |
This is in addition to the sentence, it is discretionary ("may") and it covers any licence under any law in force.
Section 91 and section 90 side by side
| Feature | Section 90 (adulterant) | Section 91 (spurious goods) |
|---|---|---|
| Product | Containing an adulterant, a material used for making it unsafe | Goods falsely claimed to be genuine |
| Acts covered | Manufactures for sale, stores, sells, distributes, imports | Same |
| No injury | Up to six months and Rs 1 lakh | No tier printed |
| Injury short of grievous hurt | Up to one year and Rs 3 lakh | Up to one year and Rs 3 lakh |
| Grievous hurt | Up to seven years and Rs 5 lakh | Up to seven years and Rs 5 lakh |
| Death | Not less than seven years to life; fine not less than Rs 10 lakh | Same |
| Cognizable and non-bailable | Clauses (c) and (d) | Clauses (b) and (c) |
| Licence | Suspend up to two years; cancel on second conviction | Same |
| Explanation defining terms | Yes: "adulterant" and "grievous hurt" | None printed |
For the adulterant provision, see section 90 on products containing adulterant.
A drafting point: "grievous hurt" in section 91
Section 90 ends with an Explanation that defines "grievous hurt" by reference to section 320 of the Indian Penal Code, and says it applies "for the purposes of this section". Section 91 uses "grievous hurt" but has no Explanation of its own. The text is silent on whether the meaning in section 90's Explanation carries across. The two sections are parallel and the likely intention is the same meaning, but the printed text does not say so, and this article flags it without correcting it.
Example. A trader sells cheap pressure-cooker gaskets in boxes bearing a well-known brand's mark, falsely claiming them to be genuine. A cooker fitted with one fails and burns a consumer's hand. If the injury does not amount to grievous hurt, clause (a) applies. If it does, clause (b) applies and the offence is cognizable and non-bailable. If the sale of the same gaskets causes no injury at all, section 91 prints no penalty.
Who starts the case
Section 92 requires a complaint by the Central Authority only for offences under sections 88 and 89. It does not mention section 91. See sections 92–93 on cognizance of offences. The text of section 91 does not say who files the case or which court tries it.
What the text leaves out
- It does not say whether the offender must know the goods are spurious.
- It does not describe the trial court or procedure.
- It does not set a time limit for starting the case.
- Section 96 allows compounding only for offences under sections 88 and 89, so section 91 is not within it.
Need help with a spurious goods matter?
If you are a brand owner discovering copies in the market, or a trader accused of dealing in them, the starting point is to document the goods, the supply chain and any harm. Our team can review the facts and advise on the route. Start with a legal dispute resolution consultation and bring samples, invoices and any harm records.
Key takeaways
- Spurious goods are goods falsely claimed to be genuine (s.2(43)).
- Section 91 punishes manufacturing for sale, storing, selling, distributing or importing them.
- Three tiers: 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).
- Clauses (b) and (c) are cognizable and non-bailable.
- The court may suspend a licence for up to two years or cancel it on a later conviction.
Read next
- Section 90: punishment for products containing adulterant
- Sections 92–93: cognizance of offences and vexatious search
- Section 96: compounding of offences
- 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.